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ACTS 


OF   THE 


GENERAL  ASSEMBLY 


OF  THE 


STATE  OF  VIRGINIA. 


PASSED  AT  THE 


SZESSIOItT, 


Commenced  December  4,  1862,  in  the  Blth  year 
of  the  Commonwealth. 


A 


WHEELING: 
JOHN  F.  M'DEBMOT,  PUBLIC  PEJNTER. 

1863. 


rnr 


67252 


ACTS  OF  THE  GENERAL  ASSEMBLY, 

PASSED  AT  THE  EXTRA  SESSION  COMMENCED  DEC.  4,  1862. 


CHAP.  1. — An  ACT  for  the  relief  of  John  Slack,  Jr.,  Sheriff  elect 
of  Kanawha  County. 

Passed  December  13,  1862 

1.  Be  it  enacted  by  the  General  Assembly,  That  John  Slack,  jr., 

Sheriff  elect  of  Kanawha  county,  be  allowed  until  the  twentieth  Kanawha  eotmty 
day  of  February,  one  thousand  eight  hundred  and  sixty-three,  to loth  d»i ot  F«b- 

J  J  °  *  ruary,  1863  to 

give  bond  and  qualify  as  Sheriff  of  said  county.  fire  bond  and 

D  *  qualify  as  Sheriff 

2.  This  act  shall  be  in  force  from  its  passage.  of  said  county. 

Commencement. 


CHAP.  2. — An  ACT  to  amend  the  5th  section  of  an  Act  entitled  an 
Act  to  incorporate  the  City  of  Wheeling,  in  Ohio  County. 

Passed  December  19,  1862. 

1.  Be  it  enacted  by  the  General  Assembly,  That  section  5th 
an  Act   entitled  "an  Act  to  incorporate  the  city  of  Wheeling,  i 

Ohio  county,  passed  March  llth,  1836,"  be  amended  and  re-enacted  M°a?Chtyii P 
so  as  to  read  as  follows,  viz:  At  all  elections  which  shall  be  held  by  amended  and  »- 

*  enacted. 

voters  of  the  said  city,  for  the  corporate  authorities  thereof,  the  fol 
lowing  persons  shall  be  entitled  to  vote,  viz:  First,  every  white  male  Wli0  entitled  to 

.    .      &  r  J  rote  at  city  elec- 

citizen  of  the  State  of  the  age  of  twenty-one  years  or  upwards,  who  ti°ns  *°*  the  cor- 

£  i    1  1-  x-L  1         A-  -L     11      1  P°rat«      *uth«"- 

tor  at  least  one  year  preceding  the  election,  shall  have  been  a  ties, 
house-keeper  or  the  head  of  a  family  in  said  city;  second,  every 
person  qualified  to  vote  for  members  of  the  general  assembly  of  the 
state,  who  shall  have  been  a  resident  of  said  city  for  at  least  one  year 
preceding  the  election ;  and  third,  every  white  male  citizen  of  the 
state  of  the  age  of  twenty-one  years  or  upwards,  who  at  the  time 
of  the  election  shall  be  the  bona  fide  owner  of  any  freehold  estate 
within  said  city  of  the  value  of  five  hundred  dollars:  provided proTiflo. 
always,  that  no  person  although  in  other  respects  qualified,  shall  be 
entitled  to  vote  at  any  such  election,  if  he  shall  fail  to  pay  the  cap 
itation  tax,  lawfully  assessed  or  levied  upon  him  for  the  benefit  of 
said  city  during  the  year  preceding  the  election. 

2.  This  act  shall  be  in  force  from  and  after  its  passage.  Oommenc«a«at. 


4  ACTS  OF  THE  GENERAL  ASSEMBLY. 

CHAP.  3. — Aii  ACT  extending  the  boundary  line  of  the  Corporation 
of  the  Town  of  Buckhannon. 

Passed  December  19,  1862. 
The  boundary  of     1.     Be  it  enacted  by  the  General  Assembly,  That  the  boundary 

the  town  of  Back  J       •  J  '  J 

h»nnon  in  th«  Of  the    corporation   of  the  town  of  Buckhannon  in  the  county  of 
extended.  Upshur,   be  so   extended  as  to  include  E.  J.  Colerider  within  the 

boundary  as  follows:  beginning  on  the  line  of  said  E.  J.  Colerider 
and  John  L.  Smith's  land,  known  in  the  act  passed  March  12,  1852, 
incorporating  the  said  town  of  Buckhannon,  as  a  tributary  of  Jaw 
bone  run,  thence  with  the  said  line  straight  across  said  Colerider'e 
field  to  H.  F.  Westfall's  line,  thence  with  said  line  to  the  Buckhan 
non  and  French  creek  road,  thence  with  said  road  to  the  foot  of 
Trimble's  hill  to  the  old  corporation  line. 
Commencement.  2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  4. — An  ACT  to  incorporate  the  Franklin  Insurance  Company 

of  Wheeling. 

Passed  December  19th,  1862. 

1.     Be  it  enacted  by  the  General   Assembly  of  Virginia,  That 
incorpo-  J°nn  K»-  Miller,  George  Mendel,  George  K.  Wheat,  John  Zoeckler, 
r*ttd-  Nathaniel  C.  Arthur,  George  W.  Franzheim,  Chester   D.    Knox, 

Samuel  Harper  and  James  N.  Vance,  together  with  such  other  per 
sons  as  may  hereafter  be  associated  with  them,  and  their  successors, 
the  holders  of  the  capital  stock  hereinafter  authorized  to  be  raised, 
shall  be,  and  they  are  hereby  constituted  and  made  a  body  politic 
Name  and  *yie  corporate,  under  the  name  and  and  style  of  the  "Franklin  Insurance 

of  company. 

With  what  right«  Company,"  and  by  that  name  and  style  are  invested  with  all  the 
Hfg«BinTeBted.    rights,  powers  and  privileges  conferred,  and  made  subject  to  all  the 

What  rules,  reg-      °  ,    ,.  ,  ,     .    ,.  .  ,  ,       ,,       ^    n         -  -rr-       •     • 

nations  and  re- rules,  regulations  and  restrictions,  imposed  by  the  Code  of  Virginia, 

•trlctlons      «b-  v      7?-,  :.  ,    -        J  .,,     ,i& 

jectedto.  applicable  to  such  corporations,  and  not  inconsistent  with  the  pro 

visions  of  this  act. 

Capital  •tock.  2.  The  capital  stock  of  said  company  shall  not  be  less  than  fifty 
thousand  dollars,  nor  more  than  five  hundred  thousand  dollars,  to 

Vaine  «f  §hare«.  ke  Divided  into  shares  of  the  par  value  of  one  hundred  dollars  each. 
3.  The  said  company  shall  have  authority  and  power  to  make 

ranee.6**  °'  iMU"  insurance  against  all  marine  risks,  and  against  any  damage  or  loss  by 
fire,  or  by  any  other  liability,  casualty,  or  hazard,  upon  any  and 

Bndowmenu.      every  kind  of  property,  real,  personal  or  mixed,  to  make  insurance 

ReYertionary  on  lives;  to  grant  annuties ;  to  receive  endowments;  to  contract  for 

May "uarant** reyersionary  payments;  to  guarantee  the  payment  of  promissory 


ACTS  OF  THE  GENERAL  ASSEMBLY.  5 


notes,  bills  of  exchange  and  other  evidences  of  debt  ;  to  lend  money 

on  bottomry  and  respondentia,  to  cause  themselves  to  be  insured  May  be  lBIured 

against  all  risks  they  may  have  in  any  property  or  lives  in  their 

own  right,  or  in  virtue  of  any  bonds,  or  advances,  or  of  any  policy 

or  contract  of  insurance. 

4.  The  said  company  shall  have  power  and  authority  to  inves 
its  capital  stock,  or  other  funds  of  the  company,  in  bank  or  other 

stocks,  in  the  purchase  of  bonds  issued  by  this  state,  the   United      stirtoriy 
States,  or  of  any  one  of  the  United  States,  or  the  bonds  of  any  incor-  incorporated 

J  *  company. 

porated  company,  to  lend  money  upon  personal  or  real  security;  to  May  lean  money. 
discount  notes  and  bills  of  exchange,  and  receive  the  interest  in  ad-M»y  discount 

notes,  or  bills  of 

vance,  or  at  the  rate  of  one-half  per  centum  for  thirty  days  ;  to  pay  exchange. 
interest  upon  money  deposited  with  them  and  give  certificates  there 
for. 

5.  The  secretary  of  the  said  company  shall  be  a  competent  wit- 
ness,  in  all  suits  for  or  against  said  company,  in  all  the  courts  of 
this  commonwealth:  provided,  he  shall  not  own  exceeding  twenty- 
five  shares  of  the  capital  stock  of  said  company. 

6.  The  said  capital  stock  shall  be  payable  by  each  subscriber, 

r  *     J  J  stock  u  payable. 

such  time  or  times  as  it  may  be  called  for  by  the  president  and 
directors  of  the  company,  and  in  such  proportions  as  they  may  deem 
necessary  ;  due  notice  of  every  such  call  being  given  by  advertise 
ment  published  in  some  newspaper  printed  in  the  city  of  Wheeling  ; 
each  subscriber,  when  required  so  to  do  by  the  said  president  and 


directors,  shall  give  bond  with  good  and  approved  personal  security  to  giye  bond. 

in  a  penalty  equal  to  the  par  value  of  the  stocks  held  by  such  sub 

scriber,  payable  to  said  company  and    conditioned  for  the  prompt  Condi  tloa  of 

payment  to  said  company  on  every  such  call  thereafter  made,  until 

the  par  value  of  the  stock  held  by  such  subscriber  shall  have  been 

fully  paid  to  said  company;  and  if  any  subscriber  shall  fail  to  pay  f,,0 

any  call  so  made  by  the  president  and  directors  upon  such  share 

shares  owned  or  held  by  him,  within  twenty  days  after  said    callr«ctora  ,withja 

J  '  J         J  twent>  days  after 

shall  have  been  made  under  this  section,  then  shall  the  amount  of  saideaii,the»th» 

amount  of   said 

said  call,  with  interest  from  the  time  the  same  was  payable  and  five  e*n  with  interest 

.          .  »nd  five  per  cent 

per  centum  damages  thereon,  be  recovered  by  motion  in  the  name  damages  may 

-       .  ,  ,    i          ,1  i  ,•          •  .be  reeorered 

of  said  company,  upon  not  less  then  ten  days  notice,  in  any  court  oiagrinst  him  by 
record  in  the  county  or  place  of  residence  of  the  subscriber.     Judg-  Upon  like  notie* 

i  •  •  i  judgment    may 

ment  may  in  like  manner  be  rendered  in  iavor  01  said  company  be  rendered  in 
against  the  obligor,  or  any,  or  either  of  them,  of  every  bond  taken  company  against 
under  this  section  upon  the  like  notice  of  such  motion.  The  said  any  or  either  of 
president  and  directors  shall  from  time  to  lime  carefully  examine  bind* 
the  said  bonds,  and  may  at  any  time  require  any  shareholder  to  Th'e 
give  a  new  bond  with  other  and  approved  security  in  the  same  pen- 


6  ACTS  OF  THE  GENERAL  ASSEMBLY. 

May  require  new  a]ty  and  with  the  same  condition  as   such  original  bond.     Every 


t°o  su^scr^er  or  shareholder  who  shall  fail  to  give  the  bond  in  this  sec- 
011  men^one(l,  or  a  new  bond  in  lieu  of  one  originally  given,  with- 
°iT°«nQ*  °wf  tnh  "J  *n  *wenty  days  a^ter  t^e  same  skall  have  ^een  required  by  the 
twenty  days  af-  president  and  directors,  the  whole  balance  which  mav  be  unpaid 

ter   the    s  a  m  «  r  .  .        . 

•hall  be  required  upon  his  stock  by  every  such  subscriber  or  shareholder,  with  interest 

the   whole    bal-     A  J  J  ,  ,  .  iTTl 

ance  unpaid  on  thereon,  may  be  recovered  by  motion  as  aforesaid;  or  such  shares 

the  stock  of  such  ,.        •  -,  ,  .   ,      -,    .         -, 

shareholder  with  may,  after  twenty  days  notice  in  some  newspaper  published  in  the 
mayr  *be  recoTe?'  city  of  Wheeling,  of  the  time  and  place  of  sale,  be  sold  at  public 

td  by  motion  as  .  ,° 

aforesaid.oriuch  auction  lor  ready  money  and  transferred  to  the  purchaser. 

twenty  days  no-      7.     The  offices  of  said  company  shall  be  managed  by  a  president 

newspaper  pub-  and  nine  directors,  any  five  of  whom   shall  constitute   a  quorum. 


directors  shall  be  elected  by  ballot  from  amongst  the  stock- 
public  auction*1  holders  in  general  meeting  assembled,  by  a  majority  of  the  votes'  of 
the  sa-id  stockholders  present  in  person  or  by  proxy,  according  to  a  scale 
voting  to  be  hereinafter  prescribed,  and  the  directors  thus  chosen 


5j«iecud!ctorB  stall  at  their  first  meeting  choose  from  amongst  themselves  or  the 
Termsof  office  of  stockholders   at   large  a   president  and  vice-president.     The  said 

President,  Vice-  .  &  IT  .  /« 

President  *  Di-  president,  vice-president  and  directors  to  continue  in  office  until 
Tacancy,  how  their  successors  shall  have  been  duly  elected.  In  case  of  a  vacancy 
in  the  offices  of  president,  vice-president  or  directors,  from  any 
cause,  the  directors  may  elect  others  to  supply  their  places  for  the 
remainder  of  the  term  for  which  they  were  chosen. 

&     ^he  president  and  directors  of  said  company  shall  appoint  a 
rykc    S*creta"  secretary  and  such  other  officers  as  may  be  necessary,  for  the  man- 
Compensation.    agement  of  their  business,  and  shall  allow  them  suitable  compensa 
tion  for  their  services. 

9.     The  president   and  directors  shall   have  power  to  appoint 

Agents.  agents  in  any  part  of  this  state  or  elsewhere,  at  their  discretion  and 

during  their  pleasure.     They  may  also  take  for  the  security  of  the 

company,  from  their  officers  or  agents,  such  bond  in  such  penalty 

and  with  such  condition  as  they  may  prescribe. 

Directors  may      10.     The  president  and  directors  may  adopt  such  rules,  orders,  or 

Serf  andUby"iaws  by-laws  not  inconsistent  with  this  act  or  the  laws  of  the  land,  as 

they  may  deem  proper  and  necessary,  for  regulating  and  prescribing 

the  duties  and  powers  of  the  officers  and  the  general  management 

of  the  company. 

roting.  H.  The  scale  of  voting  at  all  the  meetings  of  the  stockholders  of 
the  company,  shall  be  one  vote  for  every  share  of  stock  not  exceed 
ing  twenty,  one  vote  for  every  two  shares  over  twenty,  and  not 
exceeding  one  hundred,  and  one  vote  for  every  four  shares  exceeding 
one  hundred.  Every  stockholder  not  indebted  to  the  company, 
may  at  pleasure  by  power  of  attorney  or  in  person  assign  and  trans- 


ACTS  OF  THE  GENERAL  ASSEMBLY. 

fer  his  stock  in  the  company  on  the  books  of  the  same,  or  any  part 

thereof,  not  being  less  than  one  share,  but  no  stockholder  i 

to  the   company  shall  be  permitted  to  make  a  transfer  of  stock  to 

receive  a  dividend  until  such  debt  is  paid,  or  secured  to  be  paid 

the  satisfaction  of  the  president  and  directors.  d«nd- 

12.  Any  three  of  the  persons  named  in  the  first  section  of  this 
act  shall  be  authorised  to  act  as  commissioners  for  receiving  sub-  to 
scriptions  of  stock  and  organizing  the  said  company.     They  shall  give  ™otic°ener8' 
at  least  ten  day's  notice  of  the  time  and  place  when,  and  the  per 
sons   under  whose  superintendence  subscriptions  of  stock  will  be 
received;  the  amount   to  be  paid  at  the  time  of  subscribing   upon 

each  share  of  stock,  and  may  continue  open  such  books  of  subscrip 
tion,  from  day  to  day,  or  from  time  to  time,  at  their  pleasure,  until 
the  minimum  amount  of  said  stock  shall  have  been  subscribed. 
They  shall  also  appoint  the  time  and  place  for  the  first  meeting  of 
the  shareholders  or  subscribers.  General  meetings  of  the  stock 
holders  shall  be  thereafter  held  annually  or  oftener,  as  the  directors 
may  by  order  or  by  law,  prescribe. 

13.  The  stockholders  of  the  company  shall  not  be  liable  for  any  TO  what  amount 
loss,  damage,  or  responsibility,  other  than  the  property  they  have  M«p»nsibie.s  " 
in  the  capital  and  funds  of  the  company,  to   the  amount  of  the 

shares  respectively  held  by  them,  and  any  profits  arising  upon 
them,  not  divided. 

14.  This  company  shall  be  located  at  the  city  of  Wheeling  in  Location  of  Com- 
the   county  of  Ohio  and  state  of  Virginia,   at  which  place   their  p*n7" 
principal  office  shall  be  kept. 

15.  This  act  shall  be  in   force  from  its  passage,  and  is  hereby  Commencement 
made  perpetual,  reserving  to  the  general  assembly  of  Virginia,  the    «rP*tual- 
power  to  alter,  amend,  or  repeal  it  at  pleasure. 


CHAP.  5.  —  An  ACT  to  appropriate  the  residuary  fund  under  the 
last  will  and  testament  of  Peter  Curran,  deceased,  to  Brooke 
Academy. 

Passed  December  20,  1862. 
1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  all 


" 


the  residuary  fund  of  the  estate  of  Peter  Curran,   late  of  Brooke     id  "thiitS 
county,  deceased,  under  his  last  will  and  testament  devised  to  the  decealed,Capp?o- 
literary  fund  of  Virginia,  is  hereby  appropriated  to  Brooke  Academy 
ia  the  county  of  Brooke,  and  the  executors  of  said   last  will  and 
testament,  are  hereby  directed  and  required  to  pay  to  said  Brooke  oarran/ 


8  ACTS  OF  THE  QBNBRAL  ASSEMBLY. 


Academy,  all  the  money  or  other  property  which  may  or  shall  come 
to  ^e^r  hands  or  possession  as,  or  in  the  nature  of  a  residuary  fund 
a^  eetatei  an(l  which  under,  and  according  to  the  provisions  of 
duarre?u  nd*tosa^  w*^'  *s  Pa7a^^e  to  the  literary  fund  of  Virginia. 
Broke  lc<iddimyy  2*  Tiiat  Brooke  Academy  shall  have  all  the  rights,  liberties  and 
n?  ht*TfibertiM*  Powers  re^ive  to  said  residuary  fund  that  the  said  literary  fund  of 
and  powers  reia-  Virginia  would  have  had,  had  this  act  not  been  passed  and  to  this 

tire  to  Mid  resi-  ° 

duaryfund  that  end  may  sue  for  and  recover  the  same,   and  bv  all  due  process  of 

th«LiteraryFnnd  /  , 

of  Yirginia  would  law  and   chancery,  may   enforce   as  discoveries  and  settlements  of 

hare  had  had  this  .    .  /  , 

Act  not  been  pas-  executonal  accounts  deemed  necessary. 

fifed 

Authority  to  sue.  3.  That  Brooke  Academy  shall  have  and  is  hereby  invested 
reaTestate  own-  with  full  power  to  sell  and  convey  all  the  real  estate,  at  present 
to  Brooke'lcaV  owned  by  it,  and  any  deed  for  this  purpose  shall  be  sufficient,  when 

signed  and  acknowledged  by  the  president  of  the  board  of  trustees 

of  said  Brooke  Academy. 

Additional  inn-  4.  That  Adam  Kuhn  and  Joseph  C.  Gist  are  hereby  made  and 
constituted  as  trustees  of  said  Brooke  Academy,  in  addition  to  the 
five  trustees  thereof,  appointed  by  the  act  passed  on  the  6th  day  of 
February,  1862. 

Commencement.     5.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  6.  —  An  ACT  to  amend  and  re-enact  an  Act  passed  February 
8,  1862,  entitled  an  Act  staying  the  collection  of  certain  debts. 

Passed  December  20,  1862. 

Th«  Act      sed      ^'     Beit  enacted  by  the  General  Assembly  of  Virginia,  That  the 
Act  ac^  Passe^  February  8,  1862,  entitled  an  act  staying  the  collection 


staying  the  col-  Of  certain  debts,  be  amended  and  re-enacted  so  as  to  read  as  follows: 

lection   of   cer 

tain  debts  amem-  2.  Be  it  enacted  by  the  general  assembly  of  Virginia,  That  no 
•a.  writ  of  fieri  facias,  distress  warrant,  order,  or  other  process,  shall 

No  writs  of  fieri  J          J  '  «          i    , 

facias,  distress  issue  under  any  judgment  or  decree  heretofore  rendered  by  any 

warrant  or  other  .  J  .  ?  .  J          J 

process  to  isroe  court  oi  record  in  this  commonwealth,  or  justice  of  the  peace,  nor 

under  any  judg-  .      ,  i          .'  *.         i 

ment  decree  upon  any  judgment,  nor  under  any  decree  that  may  hereafter  be 
dered  by  amy  rendered  by  any  such  court  or  justice  while  this  act  shall  remain  in 
Com  mo»weaith  force,  nor  shall  there  be  any  sale  under  any  deed  of  trust,  hereto- 
peace.  °*  *  iore  executed,  without  the  consent  of  all  the  parties  thereto,  nor 

under  any  decree  or  judgment  now  rendered  or  that  may  hereafter 
L«Ty.  be  rendered,  until  otherwise  provided  by  law.  And  in  any  case 

where  a  levy  has  been  made  prior  to  the  passage  of  this  act,  the 
re7uPrned  to  ow»-  property  so  levied  upon  shall  be  returned  to  the  owner,  and  the 
i!i«.  judgment  upon  which  the  levy  was  made  shall  be  a  lien  upon  all 

the  property,  both  personal  and  real  of  the  debtor,  and  shall  haye 


ACTS   OP  THB  GENERAL  ASSEMBLY.  9 

priority  over  all  other  judgments  against  the  personal  property  of 
such  debtor.  But  an  execution  shall  at  the  instance  of  the  plaintiff 
or  his  agent,  be  issued,  and  proceedings  had  thereunder,  as  if  this 
act  had  not  been  passed,  in  any  case  where  an  affidavit  has  been 
filed  with  the  clerk  or  justice,  as  the  case  may  be,  that  the  affiant 
believes  that  the  defendant  in  such  case  is  removing  or  intends  to 
remove  his  effects  out  of  the  county  where  the  judgment  was  ren 
dered. 

3.  Be  it  further  enacted,  That  any  person  may  sue  for  any  debt 
and  maintain   any  action  at  law  or  in  equity  and  proceed  to  judg 
ment   therein.     And    any  judgment,   execution,    order,  or  decree, 
now  issued  or  rendered,  or  that  may  hereafter  be  rendered,  shall,  in 
addition  to  the  provisions  of  chapters  186  and  188  of  the  Code  of 

1860,  constitute   a  lien  on  all  the  estate,  both  personal  and  real  of  A  Hen  em  ™* 

and  pcnon&l  ©6* 

the  judgment  debtor  from  and    after  the  docketing  of  any  sucht«»». 
judgment,  as  provided  for  in  the  third  and  fourth  sections  of  chap 
ter  186  of  the  Code  of  Virginia.     This  provision  shall  include   all  Wh»* included, 
judgments  whether  rendered  by  justices  of  the  peace  or  courts  of 
this  commonwealth. 

4.  Be  it  further  enacted,  That  nothing  herein  contained  shall  be 
so  construed    as  to  interfere  with  or  abridge  the  laws  now  in  force 
in  relation  to  attachments  and  actions  of  detinue  and  trover,  nor  in 
relation  to  actions  of  ejectment  and   unlawful  entry  and  detainer, 
nor  in  relation  to  the  prosecution  of  criminal  offences  and  the  col 
lection  of  fines,  taxes,  licenses,   county  levies  and  all  debts  due  the 
commonwealth,  but  the  same  may  be  proceeded  in  as  now  provided 
by  law,  nor  shall  this  act  apply  to  liabilities  on  the  part  of  sheriffs, 
constables  or  other  public  officers,  either  to  the  state,  counties,  cor 
porations,  or  individuals,  nor  to  debts  contracted  after  the  26th  day 
of  July,  1861,  nor  to  deeds  of  trust  executed  after  the  26th  day  of 
July,  1861,  but  payments  of  and  sales  under  the  same,  may  be  en- 
iorced  and  proceeded  in  as  if  this  act  had  not  been  passed,  nor  shall 
the  time  during  which  this  act  is  in  force  be  computed  in  any  case  in 
which  the  statute  of  limitations  may  come  in  question. 

5.  This  act  shall  be  in  force  from  its  passage,  but  shall  expire  on 
the  1st  day  of  February,  1863. 


CHAP.  7. — An  ACT  changing  the  place  of  holding  an  Election  in 
the  county  of  Preston. 

Parsed  December  20,  1862. 

1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
separate  election  heretofore  authorized  to  be  holden  at  the 


10  ACTS  OF  THE  GENERAL  ASSEMBLY. 


House  in  tlie  eighth  magisterial  district,  in  Preston  county,  shall  be, 
the  same  *s  hereby,  discontinued,  and  in  lieu  thereof  the  election 
*  sai<*  election  precinct  shall  be  holden  at  the  house  of  William  H. 
The°eVection  '  for  -^rown  ^n  sa^  district,  at  which  election  precinct  all  persons  qualified 
•aid  district  u  by  law  to  vote  in  said  district  may  vote. 

be  holden  at  the  m,  .  .  **  JiW    < 

house  of  wm.  H.      2.     This  act  shall  be  in  force  from  its  passage. 

Brown   in     that 

district. 

Commencement.  _ 

CHAP.  8.  —  An  ACT  for  the  relief  of  Joseph  Martiney,  late  Commis 
sioner  of  the  Revenue  for  Barbour  county. 

Passed  December  23,  1862. 

Auditor  directed  ^*  Be  ^  enacted  by  the  General  Assembly,  That  the  auditor  be, 
rant"?n  fa"w*of  an^-  *s  ^ere^y  directed  to  issue  his  warrant  in  favor  of  Joseph 
for*  theMJumnof  ^ar^ney  ^or  ^ne  sum  one  hundred  and  fifty  dollars,  to  be  paid 
fifty  ^Stttn  out  out  °^  any  money  in  ^ne  treasury  not  otherwise  appropriated,  being 
the*TreSnreynot  ^e  amouilt  due  to  said  Joseph  Martiney  from  the  state  for  services 
iae  appro-  rendered  by  him  as  commissioner  of  the  revenue  of  Barbour  county, 

for  the  year  1861. 
Commencement.     2.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  9. — An  ACT  for  the  relief  of  J.  W.  Stout,  late  Commissioner 
of  tne  Revenue  for  Pleasants  county. 

Passed  January  9,  1863. 

1-     Be  ii:  enacted  by  the  General  Assembly,  That  the  auditor  be 
r*n*in_.faT^r,of  directed  to  issue  his  warrant  in  favor  of  J.  "W  Stout  for  the  sum  of 

J  ,W«   stout  for 

huodTedand'flf*0116  ^Un(^re^  an(^   ^y   dollars,    to  be  paid  out  of    money   in   the 
ty  dollars,  to  b*  treasury  not  otherwise  appropriated,  being  the  amount  due  said 
money  in  tneStout  from  the  State  for  service  rendered  as  commissioner  of  the 
otherwise  appro- revenue  for  the  county  of  Pleasants  for  the  year  1861. 
Commencement.     2.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  10. — An  ACT  concerning  Stephen  W.  Downey. 
Passed  January  9,  1863. 

WHEREAS,  It  appears  to  the  General  Assembly  of  Virginia  that 
the  county  court  of  Hampshire  county,  Virginia,  has  not  been 
organized  under  the  re-organized  government  of  Virginia,  and 
whereas,  it  appears  that  Stephen  W.  Downey,  a  resident  of  said 


ACTS  OF  THE  GENERAL  ASSEMBLY.  11 

county,  is  desirous  of  obtaining  a  certificate  in  accordance  with  the 
provisions  of  the  first  section  of  chapter  one  hundred  and  sixty-four 
of  the  Code  of  Virginia,  that  he  has  been  a  resident  of  said  county 
for  one  year  next  preceding,  that  he  is  a  person  of  honest  demeanor, 
and  is  over  twenty-one  years  of  age,  and  that  he  cannot  obtain  such 
certificate  by  reason  of  the  disorganization  of  said  county. 

1.  Be  it  therefore  enacted.  That  it  shall  be  lawful  for  the  county  Any  Court  of  this 

.  .  V  ~        Commonwea  1 1  h 

court  of  any  county  of  this  commonwealth,  upon  satisfactory  evidence  upon  satufacto- 

that  the  said  Stephen  W.  Downey  has  resided  in  the  said  county  of  thorized  to  grant 
_  .  .       „         A  T         n     ,  i      •  f  i          Stephen  w.Dow- 

Hampshire  for  one  year  next  preceding;,  that  he  is  a  person  ot  hon-  ney  a  certificate 

,     -r  -'.»/  -  ,    ,  .  of  age,  residence 

est  demeanor,  and  is  over  twenty-one  years  pi  age,  to  grant  him  a  ane  character, 
certificate  of  the  facts,  and  that  such  certificate,  when  so  given,  shall 
be  as  valid  as  if  given  in  accordance  with  the  provisions  of  section 
first  of  chapter  one  hundred  and  sixty-four  of  the  Code  of  Virginia. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement 


CHAP.  11. — An  ACT  in  relation  to  Coterminous  Coal  Lands  west  of 
the  Blue  Ridge  Mountains  in  Virginia. 

Passed  January  9,   1863. 

1.  Beit  enacted  by  the   General  Assembly.  That  no  owner  orNoo*m»ror  ten- 

.  ant  of  land  coa- 

tenant  of  any  land  containing  coal  west  of  the  Blue  Ridge  of  moun- tainine  co«»i  we«t 

,     .  r     n  -i  -r  •fthelBlue  Ridge 

tains,  shall  open  or  sink,  or  dig,  excavate  or  work  in  any  coal  mine  or  of  mountains 
shaft,  on  such  land  within  five   feet  of  the  line   dividing  said  land  ope ™gink,dijr,«x. 
from  that  of  another  person   or  persons,  without  the  consent,   in  any* c?»ir mine  or 
writing,  of  every  person  interested  in  or  having  title  to  such  ad-       ' 
joining  lands  in  possession,  reversion,  or  remainder,  or  of  the  guar 
dians  of  any  such  persons  as  may  be  infants.     If  any  person  shall  Penalty  for  rio- 
violate  this  section,  he  shall  forfeit  five  hundred  dollars  to  any  per- section, 
son  who  may  sue  for  the  same. 

2.  The  owner,  tenant  or  occupier  of  any  land  on  which  a  coal 
mine  is  opened  and  worked,  or  his  agent,  shall  permit  any  person 
interested  in  or  having  title  to  any  land  coterminous  with  that  inP"80"  whose 

'  land  is  cotermi- 

which  such  coal  mine  is,  to  have  ingress  and  egress  with  surveyors  nous,  AC. 
and  assistants  to  explore  and  survey  such  mine  at  his  own  expense, 
and  not  oftener  than  once  a  month,  for  the  purpose  of  ascertaining  fj^^njj11" 
whether  or  not  the  preceding  section  has  been  violated.     Every  month. 

t         i     11         P  i  •  ETC  r  y   owner. 

owner,  tenant,  occupant,  or  agent,  who  shall  refuse  such  permission,  tenant, occupant 
exploration,  or  survey,  shall  forfeit  twenty  dollars  for  each  refusal  irc?gcnt 
to  the  person  so  refused. 

3.  Any  justice  of  the  county  in  which  such  mine  is,  before  whom 


12  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Tfho  authorised  complaint   of  such  refusal   is  made,  may  issue  a  summons  to  such 

to  iwue  aummoiu  >  J 

»nd  to  whom.  ownerj  tenant,  occupant,  or  agent,  to  answer  such  complaint.  On 
right  of  entry, the  return  of  the  summons  executed,  and  proof  that  the  complain- 
designateane*r-ant  has  right  of  entry,  and  that  it  has  been  refused  without  suffi- 

ly  and  conreni-     .  -i        •         •          i     -n    -i      • 

•nttimeferBuchcient  cause,  the  justice  shall  designate  an  early  and  convenient  time 
for  such  entry  to  be  made,  and  issue  his  warrant  commanding  the 
sheriff  of  the  county  to  attend  and  prevent  obstructions  and  imped 
iments   to  such   entry,  exploration  and  survey.     The   cost  of  such 
^•»nV«f™lofsuminons'  an(^   a  ^ee  °^  three   dollars  to  the  sheriff  executing   the 
the°*shiriff"x«0  warran^>  shall  be  paid  by  the  person  whose  refusal  caused  the  com- 
rant"*  tbc  w*r~plaint-     But  if  the  justice  dismiss  the  complaint,  the  costs  shall  be 

paid  by  the  party  making  it. 
Commencement.      4.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  12.— An  ACT  for  the  relief  of  Samuel  P.  Hildreth,  Treasurer 
of  the  Savings  Bank  of  Wheeling. 

Passed  January  10,  1863. 

Auditor  directed      ^'     ~^e  ^  enac^e<^  ^7  the  General  Assembly  of  Virginia,  That  the 
toinne  hu  war- auditor  be,  and  is  hereby  directed  to  issue  his  warrant  in  favor  of 

rant  in  faror  of 

s»mn«i  p.  Bit-Samuel  P.  Hildreth,  treasurer  of  the  savings  bank  of  Wheeling,  for 

dreth,  Trewurer  .  ' 

of  saring*  Bank  the  sum  of  sixty-two  dollars  and  twenty-seven  cents,  which  sum  was 

of  Wheeling,  for  .       .  , 

the  §um of  «ixty-  by  him  erroneously  paid  into  the  state  treasury  as  a  tax  on  divi- 
twenty-eeTencts.  deiids  for  the  year  1861,  the  bank  having  been  taxed  upon  its  capital 

for  the  same  year. 
Commencement.      2.     This  act  shall  be  in  force  from  its  passage 


CHAP.  13. — An  ACT  authorizing  the  County  Court  of  Marshall 
county  to  re-assess  two  hundred  and  six  acres  of  land  in  Marshall 
county  belonging  to  Spencer  Biddle. 

Passed  January  12,  1863. 

Tfce county  eonrt      I-     ^e  it  enacted  by  the  General  Assembly,  That  the  county  court 
fy  authwi"Suto  of  Marshall  county  be,  and  is  hereby  authorized  to  re-assess  two  hun- 


and  six  acres  of  land  situated  in  said  county,  and  appearing  on 
commissioner's  books  as  the  property  of  Spencer  Biddle :  pro- 
s  encer  iiid- ' *ke  state  shall  not  be  subject  to  any  expenses  incurred  there- 
die,                 by 

Prori§o.  J' 

2.     This  act  shall  be  in  force  from  ita  passage. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  13 

CHAP.  14. — An  ACT  changing  the  place  of  holding  an   Election  in 
the  county  of  Jackson. 

Passed  January  13,  1863. 

1.  Beit  enacted  by  the  General  Assembly,  That  the  separate Th«  §eparat* 

J  J  '  election    hereto- 

election  heretofore  authorized  to  be  holden  at  the  house  of  William  Jo  Reauthorized 
Slaven  in  the  fifth  magisterial  district  of  the  county  of  Jackson,  the  house  of  Wm 
shall  be,  and  the  same  is  hereby  discontinued,  and  in  lieu  thereof,  fifth  magesteriai 
the  usual  election  for  said  fifth  district,  shall  be  holden  at  the  count j  of  Jack- 
school  house  near  Noah  Staats,  in  said  district,  at  which  election 
precinct  all  persons  qualified  by  law  to  vote  in  said  district  may  vote. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  15.—  An  ACT  to  authorize  Charles  H.  Kimball,  Trustee,  to 
construct  and  maintain  a  Tram  or  Railroad  from  Franklin  Fur 
nace  to  the  Baltimore  and  Ohio  Railroad  in  the  county  of  Preston. 

Passed  January  13,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  Charles  H.  ban,  Trustee,  au- 
Kimball,  trustee,  be  and  is  hereby  authorized  to  locate  and  con-  and  construct  a 
struct  a  tram  road  or  railroad  from  the  Franklin  Furnace  in  the  railroad,  from 
county  of  Preston,  to  a  point  on  the  Baltimore  and  Ohio  Railroad  nice  iu  Preston 
at  or  near  the  mouth  of  Raccoon  creek  in  the  same  county;  the  1  an  d£Juthe  Baltimore 


for  the  said  road  not  to  exceed  thirty  feet  in  width  exclusive  of  the  J?d0^hin  wlrth  e 
slopes  of  cuts  and  embankments.  And  for  the  purpose  of  enabling  ™  *%  ^  eifTn 
the  said  Charles  H.  Kimball,  trustee,  to  obtain  the  title  for  the  St' 
land  required  for  the  said  road  and  the  materials  from  the  land  ad-  |£JJ} 
jacent  thereto,  proper  and  necessary  for  its  construction  and  repair,  riV 
he,  the  said  Charles  H.  Kimball,  as  such  trustee,  shall  be  and  he  K 
hereby  authorized  to  take  the  same  proceedings  as  are  prescribed  JJJJbed  in  K*h 
in  the  fifty-sixth  chapter  of  the  Code  of  Virginia  in  relation  to£h*Pter  of  the 

J  Code,  te  obtain 

corporations  generally.  the  title  to  land. 

2.  This  act  may  at  any  time  hereafter,  be  amended  or  repealed 
by  the  general  assembly. 

3.  This  act  shall  take  effect  from  and  after  its  passage.  commencement 


14  ACTS  OF  THE  GENERAL  ASSEMBLY. 

CHAP.  16. — An  ACT  providing  for  the  repeal  of  an  Act  passed  Feb 
ruary  13,  1862,  entitled  "An  Act  to  provide  for  the  extension  of 
time  for  Sheriffs  of  the  Commonwealth  to  execute  writs  Qi  fieri 
facias  on  certain  judgments. 

Passed  January  14,  1863. 

The  Act  entitled      1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
Tide  for  the  ex-  act  entitled  "an  act  to  provide  for  the  extension  of  time  for  sheriffs 

tensio*  of  time     ..,.  1,1  -,          „.... 

for   sheriffs   of  of  this   commonwealth  to  execute   writs  of  fieri  facias  on   certain 
we»ith  to  execute  judgments,  passed  February  13,  1862,"  be  and  the  same  is  hereby 

writs  of  fieri  f»-  i     j 

cms  on  certain  repealed. 

•ed  Februar/is]     2.     This  act  shall  be  in  force  from  its  passage. 

1862,  repealed. 
Commencement. 


CHAP.  17.—  An  ACT   to  declare   that  the  Council  of  the  city  of 
Wheeling  shall  consist  of  two  Boards  or  Branches. 

Passed  January  15,  1863. 

The  Conncii  of  1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
wheeling  to  con.  council  of  the  city  of  Wheeling,  after  the  next  election  of  officers  for 
"  said  city,  shall  consist  of  two  separate  and  distinct  boards,  with  the 
One  of  the  said  powers,  capacities,  and  jurisdiction,  now  by  law  vested  in  the  coun- 
ed  the  n  r  B  t  cil  of  said  city  ;  one  of  which  boards  or  bodies  shall  be  called  the  first 
other0  to  b"  cai*  branch  of  the  council  of  the  city  of  Wheeling,  and  the  other  of  which 
Branch*  *  ad  boards  shall  be  called  the  second  branch  of  the  council  of  said  city  ;  and 
b^fh^T^ai'd  that  no  tax  shall  be  levied,  no  appropriation  of  money  be  made,  no 
Blanches  requir-con£rac£  en^ere(^  into,  nor  any  ordinance,  by-law,  or  order  be  made 
SteoTthTeie*^  or  enacted  without  the  consent  of  both  of  said  branches  of  said  city 
w0uoannodfSaowncouncil-  But  eacl1  branch  sna11  be  tne  juclge  of  tne  election  and 
ToeSake  aii  need-  q.ualincation  of  its  own  members,  and  shall  have  power  to  make  all 
an(^  Pr°Per  ru^es  an(l  regulations  for  the  government  of  its 


gt°§Vor  nT  2  *  of  own  body,  and  for  the  convenient  direction  and  dispatch  of  its  affairs 
and  business. 

2.     Be  it  further  enacted,  That  the  board  created  by,  and  men 

tioned  in  the  sixth  section  of  the  act  of  the  general  assembly,  entitled 

"an  act  to  incorporate  the  city  of  Wheeling,  in  Ohio  county,"  passed 

which  Board  to  March  llth,   1836,   shall  constitute  and  be  called  the  said  second 

cond  Branch,     branch  of  the  said  city  council,  and  shall  be  chosen  and  continue, 

poweCr  amf  ftmc^  as  is  now  provided  by  law,  with  its  existing  capacity,  power  and 

tiona    unimpair.  ,.          ..  ,    -  c  ,  i  v    »Y      :J       vl        J  i 

ed.  functions,  except  in  so  far  as  the  same  are  abridged,  altered  or  mod- 

Exception.  .  Qf 


Of  w  h  o  m  the      3.     The  first  branch  of  said  council  shall  consist  of  two  members 
from  each  ward  of  the  city,  and  shall  be  elected  by  the  persons  re- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  15 


•iding  in  the  respective  wards,  qualified  under  existing  laws  to  vote  How 
for  mayor  and  members  of  council. 

4.  At  the  first  annual  election  for  city  officers  after  the  passage 

of  this  act,  there  shall  be  elected  by  the  qualified  voters  in  each  5"ei«?t7dat  the 
ward,  two  citizens  thereof,  to  be  members  of  the  said  first  branch  of?™4*11?!1*1*1^' 

tion  after  the 

the  said  city  council.  The  member  receiving  in  each  ward  thejat8sag6  of  thii 
greater  number  of  votes,  and  otherwise  qualified,  shall  continue  inThe  member  r«- 

cemng  in  each 

office  for  two  years,  and  until  his  successor  is  qualified;  and  the  wardthefreater 

number  of  rotes 

other  member  of  each  ward,  and  otherwise  qualified,  shall  continue10  continue    in 

.  .  office  two  years, 

in  office  one  year,  and  until  his  successor  is  qualified,  and  thereafter  andunVlhiaiuc< 
annually  there  shall  be  chosen  by  the  qualified  voters  of  each  ward,  ed- 
one  member  of  the  first  branch  aforesaid  for  each  ward,  who  shall  b«r  of  each  ward 
continue  in  office  for  two  years,  and  until  his  successor  is  qualified,  office  one  yea?. 

and  until  hi«  inc. 

5.  No  person  shall  be  eligible  as  a  member  of  the  first  branch,  c*8IK>ril1  q«aiin. 
unless  he  be  a  citizen  of  the  State,  and  shall  have  resided  in   said  One  »«mber  of 

,.,.,.  .  .  ,  the  fir«t  Rranch 

city  at  least  three  years  preceding  his  election,  and  is  a  resident  of»*«  choaenan- 

x-L  J    r  f    1_  V       •        1.  A*JU.      -c      i.  U  -L  n          nually  thereafter 

the  ward  for  which  he  is  chosen.  And  the  first  branch,  as  well  as  from  each  ward. 
the  said  other  branch,  shall  have  power  to  fill  vacancies  occurring;  »emb«r  of  the 

,,.  111,1  •     L  r  TPI  ,  irst  Branch. 

in  their  own  body  by  the  appointment  of  a  qualified  person  ;  and  Power  to  mi  ra- 
also  to  remove  a  member  for  misbehavior,  provided  two-thirds  of  the  Power  of  remotai 
whole  number  of  such  members  shall  concur  in  such  removal. 

6.  At  all  meetings  of  the  first  branch  it  shall  be  the  duty  of  the  Who  to  P"«id« 

.,,.,.,  »*    meeting*    of 

mayor  to  preside,  but  in  his  absence  the  members  present  constitu-  the  fl"t  Branch. 

ting  a  quorum  may  appoint  from  their  own  body  a  chai'rman,  pro 

tempore,  and  they  may  adopt  such  rules  and  appoint  such  officers,  tXjllJJJn'  pr* 

including  a  clerk,  as  they  may  deem  proper  for  the  regulation  of 

their  proceedings  and  the  convenient  transaction  of  their  business. 

But  the  salaries  of  the  officers  of  each  branch  shall  be  ascertained  Salaries. 

and  fixed  by  the  council,  as  it  is  by  this  act  created  and  defined.      Majority  of  the 

n        T,     i      n  J.-L  i?  •       •,          f    n  IT  whol°  board  nfl< 

7.  it  shall  require  the  presence  of  a  majority  of  the  whole  num-  eewary  to  con- 
ber  of  each  branch  as  fixed  by  law,  to  constitute  a  quorum  for  the  A 
transaction  of  business,  but  a  smaller  number  may  adjourn 

time  to  time,  and  compel  the  attendance  of  absent  members  in  such  aftendaTce  *o  f 
way  as  the  council  may  have  provided. 

8.  The  second  branch  of  said  council  shall  appoint   one  of  itswbo  to  pr««ide 
own  members  to  preside  over  its  deliberations,   who  shall  be  called 

the  president  of  the  second  branch  of  the  city  council,  and  it  shall  Dutyof  presiding 
be  his  duty  when  present,  to  preside  at  all  meetings  thereof,  but  in  Branch. 
his  absence,  it  may  appoint  one  of  its  own  members  to  preside  as 

•  i  Pro  sid  e  nt  pro 

president  pro  tempore.  tempore. 


9.  When  the  office  of  mayor  of  the  said  city  is  vacant,  the 
ident  of  the  second  branch  shall  be  mayor  of  the  city,  until 
vacancy  is  filled,  except  that  he  shall  not  preside  at  the  meetings 


16  ACTS  OF  THE  GENERAL  ASSEMBLY. 


Jhte«mh  or»a/i?T  ^e   ^rs^  branch;  and  when  the  mayor  of  the  city  is  temporarily 

absent,  ^who  may  absent   therefrom,  the  president  of  the  second  branch,  may  if  the 

act  M  Mayor,     council  shall  so  ordain,  possess  the  powers  and  exercise  the  duties  of 

mayor  during  the  time  the  mayor  may  continue  absent  from  the  city. 

10.     All  propositions  involving  an  appropriation  of  money,  shall 

rowing  an  a  p.  originate  in  the  second  branch  of  said  council,  but  the  first  branch 

proprlatlon    of  -,i  i  .1 

money,  where  to  may  propose  or  concur  with  amendments,  as  in  other  propositions. 
Power  of  Coum  11.  The  council  of  said  city,  as  hereby  create.d,  shall  have  full 
tothiiAct.  power  to  make,  pass  and  execute  any  ordinance  which  may  be  ne 

cessary  or  proper,  to  carry  into  effect  the  true  intent  and  meaning 

of  this  act. 
Commencement.      -^     This  act  shall  be  in  force  from  and  after  its  passage. 


CHAP.  18. — An  ACT  to  incorporate  Logan  Tribe  No.  21  of  the  Im 
proved  Order  of  Red  Men,  in  the  City  of  Wheeling. 

Passed  January  17,  1863. 

1.     Be  it    enacted  by  the  General   Assembly,  That  Joseph   F. 
Gachter,   Frederick  Rolf,  William  Wegman,   Henry  Schaffer,  and 
August  Hildebright,  and  such  others  as  are  now  regularly  associated 
with  them,  are  hereby  created  a  body  politic  and  corporate,  under 
itic   and  corpo- the  name  and  style  of  "Logan  Tribe  No.  21  of  the  Improved  Order 
Name  and  styi«  of  Red  Men,"  in  the  city  of  Wheeling  and  county  of  Ohio,  and  by 
m'that  name  shall  have  perpetual  succession  and  a  common  seal,  may 
sue  and  be  sued,  plead  and  be  impleaded,  and  may  purchase,  sell  and 
hold,  to  them  and  their  successors,  for  the  charitable  and  benevo 
lent  purpose  of  said  Tribe,  and  no  other,  not  exceeding  one  full  lot 
of  ground  in  the  city  of  Wheeling,  and  not  exceeding  three  acres  of 
land  within  the  county  of  Ohio;   and  also  such  personal  property 
and  moneys  necessary  for  the  purposes  aforesaid. 

Authorized  to  2.  The  said  Tribe  shall  be  authorized  to  make  all  needful  laws 
laws  and  reguia.  and  regulations  for  the  management  of  their  property,  as  a  majority 

of  said  Tribe  may  prescribe. 

Commencement.  3.  This  act  shall  take  effect  from  and  after  its  passage,  and  may 
a^JndbeY*  or™e- be  altered,  amended  or  repealed  at  the  pleasure  of  the  General 
pealed>  Assembly. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  17 

CHAP.  19. — An  ACT  to  amend  the  Charter  of  the  Holliday's  Cove 
Railroad  Company. 

Passed  January  19,  1863. 

1.  Be  it  enacted  by  the  General  Assembly.  That  the  Holliday's  n 

*;:••.  \  Permission  given 

Cove  Railroad  Company,  or  its  lessees,  may  locate,  construct,  fur-40- 
nish  and  work  a  branch  railroad  from  their  terminus  on  the  eastern 
side  of  the  Ohio  river,  through  the  town  of  Wellsburg,  in  Brooke 
county,  to  the  city  of  Wheeling. 

2.  Be  it  further  enacted,  That  sections  seven,  eight,  nine,  ten,^ctions  rePeal- 
eleven,  twelve,  and  thirteen  of  "an  act  to  incorporate  the  Holli 
day's  Cove  Railroad  Company,  passed  March  30,  1860,"  be,  and  the 

same  are  hereby  repealed:  provided  however,  that  this  act  shall  keprovi80' 
of  no  effect  until  the  Western  Transportation  company  of  Pennsyl 
vania  named  in  the  eighth  section  of  the  act  entitled  "an  act  to 
incorporate  the  Wheeling  Railroad  Bridge  Company,  passed  the  3d 
day  of  March,  1860,"  transfer  and  assign  to  Thomas  Sweeney,  and 
Sobieski  Brady,  or  the  survivors  of  them,  any  and  all  right  and  in 
terest  it  has  in  said  bridge  company,  and  in  the  capital  stock 
thereof,  and  upon  such  transfer  the  said  Western  Transportation 
Company  shall  not  be  liable  for  any  instalments  upon  said  stock 
accruing  thereafter. 

3.  This  act  shall  be  in  force  from  its  passage.  Commenctmeat 


ging  the  place  of  holding  the  election  i] 
of  Hardy  and  Monongalia. 


CHAP.  20. — An  ACT  changingjthe  place  of  holding  the  election  in 
the  counties 


Passed  January  19,  1863. 

1.     Be  it  enacted  by  the   General  Assembly  of  Virginia,  That 
the  election  heretofore  authorized  by  law  to  be  held  at  Michaels  in  fore  hSd  at  M?- 
the  sixth  magisterial  district  in  Hardy  county,  be,  and  the  same  is  rounty,aboiish'cL 
hereby  abolished,  and  that  in  lieu  thereof  the  election  hereafter  to  house  now        * 


be  held  in  the  sixth  district,  shall  be  held  at  the  house  now  occu- 
pied  by  John  W.  Athey,  in  Greenland. 

2.  Be  it  further  enacted,  that  the  election  precinct  held  in  the 

county  of  Monongalia,  be  discontinued,  and  that  in  lieu  thereof  the  S£t  diicon" 
regular  place  of  voting  for  said  precinct  shall  hereafter  be  held  at  ™  *  heKt*  the 
the  house  of  James  Arnett  in  the  town  of  Arnettsville.  jSSt,0'  of  Tr! 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement. 

2 


18  ACTS  OF  THE'  GENERAL  ASSEMBLY; 

ovo-'j  s'vvshilfoH  *.i:  io  ro  .-  v^  Sfl't  Basras  oi   n-   »/- 
OHAP.  21.  —  An  ACT  establishing,  a  pla.ce  of  voting    at   Rockford 
School-house,  in  the  third  Magisterial  District  of  Harrison  County. 

Passed  January  19,  1863. 

"1:^  jSJJy^ 

An  election  pre-  ejection  precinct.be,  and'  the  same  is  hereby  established  at  Rockford 

cinct  established  iTTUTsJ    i  .H  zu  ;T;  .::  .  .-  ,-    IIS.          ,  .      :  :    .  .  .    J 

at  Rockford       school-house,  in  -the  third  magisterial  district  of  Harrison  county,' 

School  House  iu   ••••••  '  •.          rr;4r    -i'"i  V  V1    vfV     :  3 

Harrison  county,  and  that  said  school-house  shall  hereafter  be  a.  regular  place  of  voting 
.f..wqsT  *.     r^inmid  croun,tv,.  -in  all.  elections  required  by  law  to  be  held  .'in  'the 

'^CjQunjtps  .of  this  common  wealth. 
Commencement.     ,<•>.'  ,This;  act  shall  be  in  force  from  its  passage.. 

t  -^  -"  —  -*••----•-.  o  -..'.».    *j  j-w>fc-f.^    ,  r_iT*>  .^i^i.'-.  w    Ofc.  v  '  L!  tf-*-  jL    ;r'  >  !.*  ,     '??    ^  c  Lv 

3<i  [f/'./fa  Jo^5;if;  jsii;  /lov-jwoa  £-sfoYv^j  :  I;  -.."^..T*-!  vc-rii  I  ^-^  ;-ir.<5? 
io  v^qoioo  noija.ncqri.:s-iT  ii:si5.^".V  s^i  JIJJEF  :^±-3  o-cr  :: 

-^nXef:;  to  _  authorise  Charles  -B.  Waggener,  trustee,  to 
I  'Self  Certain  .property-  in  Mason  county-  -  -  '• 

" 


' 


ji{3i-£  !ia  b.^  .^assea.  JamiAi^  ,19,.  18(33^  f.    ^ 

'  '  W'HEREl-S;  it  is  represented  to  the  General'  Assembly,  That  one 
Preamble  William  B;  R,6bbihs  eiecut  ed  three  several  trust  deeds,  granting 
Certain  lafnds  inr  M'afebri-  county;  to  Abiier  W,  Hogg  .to  secure  -the  pay 
ment  of  several  bonds,  in  said  deeds  described,.  to  J.olm  McCullock, 
)J  Moses  Michael  and"  John'  pall,  whic-h  .deeds  bear  date  .respectively 
on  the  fifth  day  of  August,  one  thousand  eight  hundred  and  fifty- 
three,  the  twenty-third  day  of  May,  one  thousand  eight  hundred  and 
fifty-three,  and  the  t^\  enty-fourth  day  of  May,  one  thousand  eight 
hundred  and  fifty  -three,  which  bonds,  although  due  and  payable,  re 
main  unsatisfied  ;  that  the  said  Abner  W.  Hogg  having  become  insane, 
'Charles  B;'  Wa;ggeneT,  by.  a  decree  of  the  -circuit  court:df  Faid-cowrity*, 
at  the  spring  term-  of  the  "year  one  thousand  eight  hunred  and  sixty- 
one  was  appointed  to  .act  i  as  :  trustee,  instead  of  the  said  Abner  W. 


f;^  cane  .thousand  eight  hundred  and  si  xiy  -three;.  that  -the  said  William 
;'7;''J  _B.,Eo'bbins  is.  not  an  inhabitant  of  this'  state,  and  that  the  said  pro- 
•-*!  perty,  consisting  of  mineral  Ian  ds,  with  salt  furnaces  .and  "doalr  works 

jMtwq  o.-iasisr  .erficteoV  thereon^  is   now  in  a  state.  of  decay  and  dilapidation,  .and 
4i£*S£c-acM  ut  9TTr  m    Jj.j.T  D/j]vO^T{  np;Ji  '-._>  •'-.::   !  '_;  _i;    '  .,  -  . 

?  .rapidly  depreciating  in  value;  and  that  a  sale  of  the  same  at  an 

" 


o»  aoi*y9!>"J\T  j.ear^y  p.ay  wiU.te  beneficial  to  both  the  debtor  arid  creditors  ;  there- 
.^waT,  fa  -j'-'roj  fore,  ^  ,    '   t.    - 

1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  .  That  it 
shall  be  lawful  for"  tie  skid  Charles  fe.  Waggener  to  sell  the  said 


ACTS  OF  THE  GENERAL  ASSEMBLY.  19 

property  on  the  said  fourth  Saturday  of  January,  one  thousand  eight 
hundred  sixty-  three,  or  on  any  subsequent  day  to  which  he  may 
continue  or  postpone  the  said  sale,  anything  in  the  act  of  February 
the  eighth,  one  thousand  eight  hundred  and  sixty-two,  entitled 
"an  act  to  amend  and  re-enact  the  act  passed  July  the  twenty  -sixth,  •:-«->- 
one  thousand  eight  hundred  and  sixty-one,  entitled  'an  act  staying 
the  collection  of  certain'  debts,'  "  or  in  the  act  passed  December  the 
twenty-second,  one  thousand  eight  hundred  and  sixty-two,  to  amend 
and  re-enact  the  said  act  of  February  the  eighth,  one  thousand  eight 
hundred  and  "sixty-two,  to  the  contrary  notwithstanding. 

2..    This  act  shall  be  in  force  from  its  passage.  Commencement. 


-a.  awaaaeo      c«  7£; 


0-t  Ifj  T'J7«) 

CHAP.  23.— An  ACT  to  amend  the  Charter  of  the  Wheeling  Rail 
road  Bridge  Company. 

J '•'"  J  ' "   ~<s      "^  k  JU- _  S&£U  i.;;:.7  lj'311SLc£.&'ll  v-_   . "!  j-  WI  <H£lO  4?£u    IX>  •??£% 
Passed  January  19,  1863. 


'Be  it  enacted  by"  the  General  Assembly,  That  the  first 
of  "an  act  to  incorporate- the  Wheeling  Railroad-  Bridge  Company,"  Wh-€eliH     j^ 
passed  March  30,  1860,:  be  amended  and  re-enacted  so  as  to  read  as  roid  Bridge  Co. 
follows : 

J.     Be  it  'enacted  by  the  General  Assembly,  That  it  shall  be  law-'By  whom  and 
ful  for  Thomas 'Sweeney,  Jno/C.  Campbell,  Sobieski  Brady,  Chester  ^besrce.  tSjj^ 
D. Hubbard  and  Zachariah  Jacob;  or  any  three  of  them,  to  open  books  be  °Pened- 
of  subscription  in'the  city  of 'Wheeling,  and  at  such,  other  place  or; 
places  as  they  iiiay  direct  upon  ten  days  notice,  and  under  "the 
direction  of1-  such  agent  or  agents  as  'they  or  a  majority;  of  them 'may  • 
appoint,  for  the  purpose  of  receiving  subscriptions  of  stock,  in  shares          t  f  t   k 
of  one  hundred  dollars  each,  to  an  amoun;t  irbt  less  than  two  thou 
sand  and  not  more  than'ten  thousand' 'shares, 'to  constitute  a  j oint Nflim?  ef  ^      . 
stock  company  to  be  called  "The  Wheeling  Railroad  Bridge  Obm^ 
pany,"  by  which  haine  tke'  sai'd  conlpany  shall  'have  'authority  to. 
erect  and  maintain  a  railroad  bridge  across  the  Ohio  river  at  any 
point  it  may  select  not  farther  south  than  the  mouth  of  McMa- 
hon's  creek,  and  'not  farther 'north  than  the'riorthertt'-end^  of.Zane^s 
Island,  opposite  the  city  of  Wheeling:  provided  that  the  said  bridge 
shall  be  so  constructed, as  to  leave  an  unobstructed  headway  over  the 
channel  of  said  river  of  not  less  than  ninety  feet  above  low  waters  jrsiij-jrtr 
mark,  and  an  unobstructed, water-way  between  the  piers  of  said 
bridge  next  the  channel  of  not  less  than  three  hundred  feet,  and  to 
connect  within  the  corporate  limits  of  Wheeling,  their  said  bridge 

;i  mo'ii  oo-hn  al  yd  ll&ds  :oA  sla 


20  ACTS  OP  THE  GENERAL  ASSEMBLY. 

by  railway  with  such,  railways  as  may  terminate  at  or  near  Wheel 

ing,  as  is  hereinafter  provided. 

5drArt*mend?     2'     The  fourtl]L  section  of  said  act  shall  read  as  follows  : 
edand  re-enact-      «§4.     It  shall  be  lawful  for  said  company  to  establish  rates  of  toll, 
Lawful  for  com-  which  it  may  charge  and  collect  on  all  locomotives,  tenders,  express, 

pany  to  establish  J  8  .-,,.,  -, 

rateiof  toil.       baggage  and  burden  cars  which  may  pass  over  said  bridge  and  con 
nections,  and  for  such  freight,  passengers  or  other  things  as  may 

Protiso.  be  transported  over  said  bridge  and  connections  :  provided,  that  the 

rates  of  toll  shall  be  uniform  and  without  discrimination  as  to  all 
railroad  companies,  or  persons  and  companies  running  or  working 
a  railroad  or  railroads  which  have  their  terminus  on  either  side  of 
the  Ohio  river  at  or  near  the  city  of  Wheeing. 

"And  it  is  expressly  enacted  that  all  freight  and  passengers  pass 
ing  over  or  to  pass  over  said  bridge  eastward  or  westward,  shall 
where  a  transfer  or  change  of  cars  is  had  or  may  be  necessary  from 
one  car  to  another,  within  twenty-five  miles  of  said  city  on  either 
side  of  the  Ohio  river,  be  transferred  and  make  such  change  of  cars 


east  of  the  Ohio  river  and  not  south  of  a  point  opposite  to  the 
mouth  of  McMahon's  creek,  and  that  the  passenger  trains  on  the 
amfc.  o.aiKaiu  Baltimore  and  Ohio  Railroad  Company's  railroad  and  those  of  the 
to*adcom°mePnjneies  Central  Ohio  Railroad  shall  commence  and  terminate  their  trips,  at 
their  trip^a"^*  an(l  from  the  city  of  Wheeling,  giving  to  the  passengers  holding 
dty  of  wheeling,  through  tickets  the  privilege  of  going  from  such  point  of  transfer, 
to  and  from  the  city  of  Wheeling,  without  additional  charge,  notice 
of  which  shall  be  posted  in  the  cars  of  said  companies  respectively." 
The    fourteenth      3.     The  fourteenth  section  of  said  act  is  hereby  repealed. 
repealed."*1  4.     The  fifteenth  section  of  said  act  shall  read  as  follows: 

tion  of  said  act      "§15.     The   said  company  shall  be  subject  to  the  provisions  of 
enacted.  *'       *&•  thirty-fifth  section  of  the  act  entitled  'an  act  prescribing  certain 
general  regulations   for  the  incorporation  of  railroad  companies,' 
passed  March  eleventh,  eighteen  hundred  and  thirty-seven." 

5.  The  sixteenth  section  of  said  act  is  hereby  repealed. 

6.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  24. — An  ACT  declaring  a  part  of  Elk  River  a  lawful  fence. 
Passed  January  20,  1863. 

Part  of  Elk  Rir-     '!•     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  so 
lawftfi'ireuc*?   *  much  of  Elk  river  as  lies  between  the  mouth  of  Sand  creek  and  the 
lower  line   of  the  lancj  of  John  D.  Young  on  the  northwest  side 
thereof,  in  the  county  of  Kanawha,  be,  and  the  same  is  hereby  de 
clared  a  law&l  fence. 
Comm«cem«nt.      2.     This  Act  shall  be  in  force  from  its  passage. 


ACTS   OF  THE  GENERAL  ASSEMBLY.  21 


CHAP.  25.  —  An  ACT  authorizing  the  County  Court  of  Preston  Coun 
ty  to  re-assess  one  hundred  and  ninety  and  one-fourth  acres  of 
land  in  Preston  county  belonging  to  Caleb  Conn. 

Passed  January  20,  1863. 
1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the  p^ 


county  Court  of  Preston  county  be,  and  the  same  is  hereby  author- 

ized  to  re-assess  one  hundred  and  ninety  and  one-fourth  acres  of  JJjld.nco!JJtgJg> 

land  situated  on  Tunnel  Hill,  in  the  county  of  Preston,  and  appear-  Conn. 

ing  on  the  commissioner's  books  of  said  county  as  the  property  of 

Caleb  Conn  :  provided,  the  state  shall  not  be  subject  to  any  expenses  ProTiso. 

incurred  thereby. 

2.     This  act  shall  be  in  force  from  its  passage.  Oommencemeut. 


CHAP.  26. — An  ACT  to  incorporate  the  Pittsburg  and  Steubenville 

Coal  Company. 

Passed  January  20,  1863. 

1.  Be  it  enacted  by  the   General   Assembly  of  Virginia,  That 
James  Andrews,  Robert  Henderson,  John  Scott,  Thomas  A.  Scott, 
and  Thomas  L.  Jewett,  and  such  other  persons  as  may  hereafter  be 
associated  with  them,  shall  be,  and  are  hereby  incorporated  and  incorporation, 
made  a  body  politic  and  corporate,  by  the  name  of  "the  Pittsburg  style  of  company 
and  Steubenville  Coal  Company,"  for  the  purpose  of  mining  coal, 

and  transporting  coal  to  market,  and  they  are  hereby  invested  with 

the   rights,  powers  and  privileges,   and  made  subject  to  all  the  ^*d*u^>J€Jr*g£ 

rules,  regulations  and  restrictions  provided  and  prescribed  in  the  JjJ}J5JuJ°d  f£ 

Code  of  Virginia,  and  any  laws  amendatory  thereof,  so  far  as  the  Code  of  Virginia. 

same   are  applicable  and  not  inconsistent   with  the  powers  and 

rights  herein  granted. 

2.  The   capital  stock   of  said  company  shall  not  be  less  than 
twenty-five,   nor  more    than  two   hundred   thousand    dollars,   to 

be  divided  into  shares  of  one  hundred  dollars  each,  and  the  saidshwes* 
James  Andrews,  Robert  Henderson,  John  Scott,  Thomas  A.  Scott, 
and  Thomas  L.  Jewett,  or  any  three  of  them,  may  open  books  of 
subscription  to   the  capital  stock  at  such  time  and  place  as  they 
may  deem  expedient ;  and  they  may  receive  subscriptions  in  land  Subecnptiong. 
and  personal   property    at  such  a  rate  as  may  be  agreed   upon, 
and  fix  the  amount  to  be  paid  by  each  subscriber  at  the  time  of 
making  his  subscription.     In  all  general  meetings  of  the  stockhold 
ers  of  said  company,  each  stockholder  shall  have  as  many  votes  as  Proportion  of 
he  has  shares. 


ff. 

.zjftiereaA  IAJSSKHT'  airr  so  STOA 

22  ACTS  OF  THE  GENERAL  ASSEMBLY. 

3.-    The  stockholders  may  elect  not  less -than  five,  nor  more  than 
Directors.    ^  nine  directors;  who  of  their  own  number,  may  elect  a  president, 
dent  and  Direc-  The  president  and  directors  shall  -have  po wer "-to 'ma'ke  by-laws  for 
the  management  of  thevcompanyKto-aJter  and  amend  the  same; 
*«.  f.nin:  . .-.-IBW,:  .appoint  agents  and  clerks  and.  discharge  the  same  at  pleasure;  to 
^uTfr^wrihrn  i)orro\y  Inonej2  not  exceeding  at  any  one  time,  the  amount  of  its 
?n  v.«in:r **«!!!!  '-Capital  stock  paid  in,  and  may  secure  the  payment  of  such  debt  -by 
II'"'    mortgage  of  the  real  or  personal  property  of  the  company.  '••' 
rail.     .£•, "  Jt,  shall  be  lawful  for  said   company  ^to  construct  "a  railroad 
5ad*'  .!*••",-«  'not.  exceeding  two  miles  in  length,  for  the  purposes  -of  the  company, 
from" some  point  near  "the  Ohio  fiver  on  the  :Holliday's  "Cove -rail 
road,  to  a  point  on  the  Ohio  river,  suitable  for  shipping  purposes, 
and   to    construct  wharves,  turn-outs,  protection's  'from    ice,  -and 
whatever  may  be  necessary  fox.the.purposes  of  the  company.     They 


.':IP  in.;:»ifi,iim.t.; 


g^fSty  may  acquire  lands,  not  exceeding  in  quantity  fifty  acres,  and  pur- 
m*     chase  the  coal  privilege  of  lands;  and  they-  shall"  have  power  -to 
build  their  road  and  improvements  upon  the  lands  of  persons,  other 
than  those  of  said  company;-  with  -the  consent  of  the  owner  of  such 
;  .lands,  or  by  contract  with  .such,  owner.     And  the  said  company  may 
:  navigate,,  by  steamers  and  barges,  the  Ohio  and  Mississippi  rivers 
:  and,,  their  -tributaries,  in.  carrying  their  coal  to  market." 
1  :   5.     The  stock  of  the  company  shall  be  transferable  'under  such 
y  regulations  and  restrictions  as   th,e  president   and  directors   may 
.  establish  from  time,  to  time.. 
Commencement.      6-  •  This  act  shall  be  in:  force  from  its  passage. 

'' 


CHAP.  '  27,— An  ACT  "  to  amend  and  re-enct  the  tenth  section. .of 
chapter  170  of  the  Code  of  Virginia, 


Passed  January  22,  1863. 

•  ••••''•  1;  -  "Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
Section  ten  oftenth  section  of  chapter  one  hundred  and  seventy  of  the  Code  of 
Code  of  i860  -  Virginia,  edition  of  I860,  be  amended  and  re-enacted  so  as  to;  read 

amended  and  re-        /I,  "    .. 

e  acted.  ";  as  lOilows,  Vl'Z  :  2    S'.'t-'a   Jig  jfoffltl '•  i&Si^fc:-    >ib 

"§10,     On  affidavit  that,  a  defendant  is  not  a  resident :  of  .this 
state,  or  that:  diligence  has  .been  used  by  or  on  behalf  of  the  plain- 
tiff-to  ascertain  in  what  county  or  corporation  he  is,  without  effect, 
or  that'  process,  -direct.ed  to  i he  ;ofiicer  of  the  county;  or  corporation 
*5"Sl1^:itt  w^*^  delivered  to  such  officer 

more  than  ten  days  before  the  return  day,  and  being  returned  with 
out  being  executed,  or  that  the  defendant  in  any  suit  has  left  the 


ACTS  OF  THE  GENERAL  ASSEMBLY.  23 


county  or  corporation  wherein  the  cause  of  action  or  any.  part  thereof 
arose,  and  wherein  said  suit  "is  or  may  be  pending,  and  that  -process 


'directed  to  the  officer  of  the  county  where."siVc"r^  defendant 
Or  is,  cannot  ."be.  delivered  to  such  o'fnce.r  p'r  exe'ciit/e'd  by  hiiiij 


VeasoiL  QjU'nsurrectiqn,  rebellion  or  armed  ^resistance1'  ^o*  the  ' 
'merit  of  'the  "laws,  an  order  of  'publication  riiay  be  enierecl.  a^aiif's't 
such  defendant;  and  in  any  suit  in  equity  where  the  bill  states  tfiSt 
the  names  of  any  persons  interested  'in  the  "subject  "to  be'  Divided  or*ia" 
disposed  of,  are  unknown,  and  makes  such  persons  defendants,  by 
,the  general,  description  of  parties  unknown,  on  affidavit  of  the  fact, 
that  tHe  s;aid  tiaines  are  utiknowny  an  ordcV'oi'^uMitratiotr  ifl^tie 
entered  against  such'  unk'riown  parties';"  any  "'order  under  this  section 
may  be  entered  either-  ^#£o&rt;w.f3tl  ferules  :  In  a  proceeding  by 
there  may(  b-fe.aji  ord,er  of^ubJic.ationjiA  like  manger  as  in 
' 


. 

'commencement. 


10       J[1UO:>      ;:£6  i-tit   III 


-CHAP.  28.^-An  ACT  -to:  ^meiid  ancl  rei-enaet  '  tite  first  -and;  i  seventh 
,sectiQ.ns;;of.g]ja,pter,  forty-six  q|-t|ie 


Passed  January  22,  186lTr;Cf 

.esxeasq  eJiinoi'i  &-.VIG:  n;  &d  lirrlr.  JD;,  f.rrIT     .&  .   .^«»w««»3 
1.     Be  it  enacted  by  the  General  Assembly,  That  the  first  section  section  one  of 

of  chapter  forty-six  of  the  Code  of  Virginia,  (edition  of  1860),  be^the'code" 
amended  a-nd  re-enacted  so.  as  to  read  afi.  follows  j.      /  —-08  c!/Tr'">    and  re*en»cted. 

u  §1.  I  \VKen  the  auditor  of  p.ublic  ;  Accounts  -.shall  '  disallow,  ^jther 
in  whole  or  part,  any  su^ch  .claim  against  -the  cQmHLOnweailth.!  ?as  is 
provided  for  by  the  twelfth  .section  of  th^  forty-sixth  chapter,  the 
person  prosecuting  such  clrim  may  petition  the  circuit  court  for  the 

:c8un;fcy  in  which  the  seat  of  govepnm'eaiis'-.fbr*  redrr^gs^  aafd  wlen,ark,  jr,.;^*^ 
person  has  any  other  claim  against  the  commanwealth,  Yedress-may  sc"  ''j-is^Sio*' 

-be  obtained  in  the  said'  court  by  a,  petitibn-  o^.by  ^'BiH-iii  chancery,  *-1 
according  to  the  nature  -of  the 


':  2;    -B'e  it  further  enacted,  'That'  the-  sfevefeth  ifceQtioft  *of  /chapter  chapter  forty  six 
forty-six  be  amended  and  re-enacted  so'.afe  to  'reatV 


"§7.  There  shall  %e  brought-  and-  pro^ecuteH:i^  to 
of  the  county  in  which  the  seat  of  government  is,  all  suits  in  which 
it  may  be  necessary  or  proper  to  make  any  of  the  following  public 
persons  a  party  defendant  asrepresentingthe  commonwealth,  to-wit  : 
"the  "  governor,-'  attornej-general,  troa&ufefrj  t>rj  ati'dit'or  of  -^  jiuWiti  Ac 
counts,  or  in  which  it  may  "  be  -necessary  or  proper  to  make  any  of 
the  following  public  'Cbrpofi^ationSj  'rjar-feie's  defendants,  to-wit:  the 
-board  of  the  literary  fund,  board  of  public  wpr-ks,,  or  any  Q^her.pub- 

an  .li  (no?nidoS  ndol  j/;ilT    ain 


24  ACTS  OF  THE  GENERAL  ASSEMBLY. 

lie  corporation  composed  of  officers  of  the  governmen,  of  the  funds 
and  property  of  which  the  commonwealth  is  sole  owner,  or  in  which 
it  shall  be  attepted  to  injoin  or  otherwise  suspend  or  effect  any 
judgment  or  decree  on  behalf  of  the  commonwealth  obtained  in  any 
circuit  court  holden  in  she  county  of  Ohio  or  the  city  of  Richmond, 
or  any  execution  issued  on  such  judgment  or  decree." 
Commencement.  3.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  29.— An  ACT  authorizing  Messrs.  Smith  &  Williams  to  sell 
goods  in  Jackson  county. 

Passed  January  24,  1863. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
£d t? iasueha u^tk®  sheriff  of  Jackson  county  be,  and  is  hereby  authorized  to  issue 
cense  to.  a  merchant's  license  for  the  year  1862,  to  Messrs.  Smith  &  Williams 

in  the  said  county  of  Jackson,  without  requiring  the  payment  of 
the  tax  lawfully  imposed  thereon,  provided  that  the  said  sheriff  of 
Jackson  county  shall  require  the  said  Smith  &  Williams  to  surren 
der  the  license  now  in  their  possession  authorizing  them  to  sell 
goods  in  Roane  county, 
ncement.  2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  30. — An  ACT  providing  for  the  return  of  the  Special  Elec 
tion  for  a  Representative  in  the  seventh  Congressional  district, 
held  on  the  15th  day  of  January,  1863. 

Passed  January  24,  1863. 

The  cierk  of  the     1-     ^e  it  enacted  by  the  General  Assembly,  That  the  clerk  of 
authorized"!?    the  county  court  authorized  by  law  to  make  returns  of  the  election 
make  returns,     ^eld  on  the  15th  day  of  January,  1863,  for  a  representative  in  con 
gress  for  the  seventh  district,  be  and  is  hereby  authorized  and  re 
quired  to  ascertain  the  result  and  grant  certificates  thereof,  at  any 
time  within  the  thirty  days  allowed  therefor. 
Commencement.      2.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  31. — An  ACT  to  incorporate  the  Clarksburg  Coal  and  Iron 

Company. 

Passed  January  24,  1863. 

1.     Be  it  enacted  by  the  General  Assembly  of  the  State  of  Vir 
ginia,  That  John  Robinson,  M.  P.  O'Hern,  and  James  W.  Stoddard, 


ACTS  OF  THE  GENERAL  ASSEMBLY.  25 

and  such  other  persons  as  may  hereafter  be  associated  with  them, 

shall  be,  and  they  are  hereby  incorporated  and  made  a  body  politic  incorporated. 

and  corporate  for  the  purpose   of  mining  coal  and  iron  ore  and 

manufacturing  iron  and  other  articles,  and  vending  the  same  under 

the  name  and  style  of  the  "Clarksburg  Coal  and  Iron  Company," 

and  are  hereby  invested  with  all  the  rights,  powers  and  privileges 

conferred  on  such  bodies  politic  and  to  continue  for  fifty  years. 

2.  That  the  capital  stock  of  said  company  shall  be  two  hundred  capital  stock, 
and  fifty   thousand  dollars,  divided  in   shares  of  twenty   dollarssharea- 
each,  that  the  subscription  may  be  made  in  money,  real  and  per-Subscnptlon3- 
sonal  estate;  the  real  and  personal  estate  may  be  taken  at  the  rate 

agreed  upon  by  the  contracting  parties ;  and  the  president  and  di 
rectors,  or  a  majority  of  them,  shall  have  full  power  to  manage  the 
affairs  of  the  company. 

3.  The  president  and  directors  shall  have  power  to  purchase  fSSw  m  "JuS 
and  hold  any  other  mining  property   and  land,  not   to  exceed  five  Jj^^  fire 
thousand  acres,  in  any  county  in  the  State  of  Virginia.  thousand  acre.. 

4.  The  president  and  directors,  or  a  majority  of  them,  shall  have 

power  to  issue  coupon  or  other  bonds,  but  not  to  exceed  one-half  of  Power  to   issue 

*  coupon  or  other 

the  capital  stock  of  said  company,  and  the  property  of  the  company  bonds. 

shall  be  security  therefor.  Commencement. 

5.  This  act  shall  take  effect  from  its  passage. 


CHAP.  32.— An  ACT  appropriating  forty  thousand  dollars  to  the 
Lunatic  Asylum  west  of  the  Allegheny  Mountains. 

Passed  January  27,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  sum  of  forty  port     thousand 
thousand  dollars  be,  and  is  hereby  appropriated  out  of  any  moneys  JjjJJfJJ  "g^EJj." 
in  the  treasury,  not  otherwise  appropriated,  to  the  Lunatic  Asylum  natic  Asylum, 
west  of  the  Allegheny  mountains,  to  be  expended  under  the  direc-  How  to  be  ex^ 
tion  of  the  board  of  Directors,  first  for   the    finishing  and  furnish- Pended- 

ing  of  the  south  wing  of  said  Asylum  ready  for  use,  and  the  residue 
of  said  appropriation  shall  be  for  the  further  prosecution  and  erec 
tion  of  the  main  building  connected  with  said  south  wing,  and  the 
money  to  be  drawn  from  time  to  time  from  the  treasury  as  the  work 
may  progress. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


AC3?fr  m  -3VHE  /  GENERAL : 


•  •:i  .CHAP.  .S3. — An  ACT  providing  for  the  removal  -of  criminals  and 
criminal  causes'from  the  counties  of  Braxton  and  Randolph  to  "the 
/county  of  Lewis. 

•Passed  January  28,.  186$..:£,  ^ou  ^ahu':^;n^xn 

1.  ;  "Be "it  enacted  by  the  .General  Assembly  of  Virginia,  That  it  will 
J3^JjJ  D€  lawful  for  the , county  or  circuit  Court  of  the :  counties  of  Braxton 
rjs  of  Brax-  anc[  Randolph  to  make  ah  order  for  the  removal  and  transfer  to  the 

.-„:•&.  -Randolph 

counties  to  make  county"  or  circuit  court  of-Lewis  .county  for'  trial  therein,,  any  crimi- 

an  ordered*  -the  •_  ...  ;    -     -;  ;  ;-_-..-—       ,  -.,...    "•:•,"  •»         -',        f 

transfer ,  to  .the  na]  cause  now  pending;  therein,  or  wnienmay  hereafter' be  corri- 

cotinty  or  circuit  •_•;  3     ,'   'J    .  if.^l  •  '       •     •-•      -,•.•-•-    rr  **  .-' '-      r'.f  *- 

court  of  Lewis  rnenced  in  the  courts  of  the  said,  'counties."  And  the  sard  courts  of  the 

county  of  any      :U:; •;  :.:  :::-„•:  4-  -:•:.  ."'cv^T      •;:--•,     c--;-;.-     :,i-c     '^c.-    forN    ,c-r./--;>-     '  c -' -  • 

criminal    cause  said  county  of  Lewis  have  aiid "  exercise  'the  same  jurisdiction' over 

now  pending      -    .  '  -Vs  '  'I'   f  ."/'  .:,:  .:      f^JTic^   S  ."  '  *  ^-v  r~  '  -,  ;:.-  -    KI'  ,',-,^.5,,' 

therein.  the  same  as  ii  the  said  .cause  .had  :cornmehcea  "i'n  tne'courts  01  tne 

"  said  '"bounty"  of  'Lewis."   AiioT  if  "there  be  no"  courts"  organized'  in  said 

:J-J«H  awjj.-wr.r    counties  of  Braxton  and  Randolph,  it  will  be  lawful  for  the  justices 

via1  IS  K««.7i    of  said  -counties  to  commit  any  criminal' into  the  custody  of  the  jailor 

f-li*n-i;    °^  Lewis  county,  and  he  shall"  receiver  into"  his   custody  any  such 

criminal  so  committed  to  him  or  his  deputy,  and  keep  as  if  such 

criminal  had  been  committed  by  Jriustice  of  the  peace  for  "the  coiinty 

ttlMi      if    VT'l-'i  -  -      -_  ;  -_. .  ..  ••  -  -     r-    -      ;  :        :  -     -  .-  -'  -  - .-     t^fffi  '•    r  *    ••  -  • • 

-:.r.j';.:  "  'of  Lewis. 

Commencement.      2.    'This  act  shall  be  in" force  from  its 'passaee.  3 

..      •    :-.--  ^..:--:;  ^i«ia»wriJ«fe 


CHAP.  34. — An  ACT  authorizing  the  Board  of  Public  Works  to 
hire  out  certain  convicts. 

Passed  January.  28,  186& 

.SiiH-.f^rr'  £:'-C.'JC    *''.'?•? '•£  !E V  •'.  1  £":    f  Q;3     ^J    ^Sl'sW    1C  i!  j.*«f'i>'1^L    r  '  '»S '''«;"»  ' 

Preamble.  Whereas,  it  is  represented  to  the  General  Assembly  o'f  Virginia, 

That  there  are  convicts  who  hkve  beens-5sentenced  to  the  peniten- 

,  tiary,  since  -the- existence  of  hostilities  and  the  re-organization  of 

muwu;-     »rTt:^     ,     •      J>-    -  -  -  •  Q.      .. 

i  the  state  government;  and  whereas,  there  being  no  penitentiary  in 
awtf^AaM  .  _•  the  loyal  portion  of  the.  state,  and  whereas  by.  an  act  of  the  general 

.  assembly ,  passed  on  the  26th  -of,  July,  1861,  the  governor. wras  .au- 
j«^nn .. jthorized  to  use  the  jails  of  the  several  counties  of  this . common- 

.  wealth  for 'the  confinement  of  said  convicts, ..  ^-.^. 

.•  •. '.!.;  Be  it  therefore  enacted  by  the  General.  Assembly  o£  Yirgl-nia, 
The  Board  of.T^at  the  board  of  public  works,  be,  arid  they-are  hereby  .authorised 
auSioriz«dtohire-tp.  hire  out  said  convicts  so  confined  in  -the  several  county  jails*  to 
T?cts?ertain  c°u" a  superintendent  or  superintendents  of  works  of  internal  improye- 
mm**y*mo3  ments,  undertaken, by., the  State,  in  whole  .xir  in, part,  or  any  other 


<?  OF  THE  GENERAL  'ASSEMBLY.  >27 

works  .of  ft..corpc...;  :;n  ,  or  individual,  and  the  wages  for  /the  labor 
:.pf  such-  convict'-.  -IT  quiring  .of  such  superintendents  such  assurance 
for  the  safe  ketx  ing,  together  with-  all  the  accessary  prov.isiohs  to 
carry  out  this  act,  either  by  appointing  a  suitable  overseer  over 
such  convicts,  or  otherwise.  " 

2.     This  act  shall  be  in  force  from  its  passage..-  -  Commencement. 


.~-*i  £-£*  jfes&jwa*  $«*  .,rs-z.s»  £'0*  i-*!-} 

_  _  .      :*Tr.f'f 

**4  is 


.T:^.»     r '7'T  f  1 '\- ".'•'     £  _!Tv*      ." -rij  •!:.£'*  *       '. ~ ~ ^.'      >^J  •".      •*••'*;•     '    •        '.-  '  i  -  »•  -  -  "  -  —     ..£„£., 

•-CHAP.  85.— An  ACT  ;td. repeal  and  re-enact  section,  second  of  an 
Act  to  authorize  .the  Trustees  of  Brooke  Academy  to  transfer 
their  property  to. the  Meade  Collegiate  Institute,  and  to  authorize 
said  Institute  to  transfer  the  same  property  to  the  Trustees  here 
inafter  appointed,  passed  February  6,  1862,  to  read  as  follows :. 


;       .        --.  -;.-j.--  *•$•«• 
Passed  Janiiary  28,  1863. 


1.-  Be  it  enacted  by  the  General  Assembly  of  Virginia,,  That 
the  second  "section-  of  an  act  .to  authorize  the  trustees  of  Brooke  »mended  and  re- 
Academy  to.tran^fer  their  property  to  the  Meade  Collegiate  Insti 
tute,  .and  to  authorize  said  Institute  to  transfer  the  same  property 
to  the  trustees'-hereinafter  appointed, .passed  February  6,  1862, -be 
amended  and  re-enacted  so  as  to  read  a^  follows: 

"§2.  Be  it  enacted,  that  Hugh  .W.Crothers,  -Danforth  Brown, 
David  Fleming,  Obadiah  Langfitt,  Samuel  George,-  Adam  Kuhn, 
"Joseph  C.  Gist,  William  H.  Harvey,. :  Joseph  Applegate,  John  D. 
"Wier,  and  Thomas  Everett,  be,  and  they  are. hereby  appointed  and 
made  trustees  of  the  Brooke  Academy,  a  .majority  of  whom  shall 
have  -power  to  act  and  to  fill  all  vacancies  occurring  in  their  own 
body.  Arid  the  said  trustees  are  hereby  authorized  to.  take  posses 
sion  of  all  real  estate,  formerly  belonging  to  .said  Brooke  Academy, 
'-whenever  the -same  shall  have  -been ^conveyed  to  them  as  hereinafter 
provided  for,  and  to  collect  and  receive  all  moneys- due  or  in -any 
wise  belonging  to:  or  held  'in  the  riame.  of :  Brooke  :  Academy}.  and  •  r..  f,M»j2  =  ro 
apply  the  same  to  the  best  advantage  for  an  academy  of  education 
within  the  intent  and  meaning  of  its  former  charter.  And  they 
are  iereby  -authorized  to:  purchase  -other". real" estate  for  the  purpose 
of  enlarging  said  academy  and  of  adding  thereto  a  female  seminary, 
whether  such  real  estate  adjoins,  the  aforesaid  real  estate  or  not, 
and  tothis.,7end  may  accept  'donations  in  land,  money  or  other 
property."  \  ,  %- 

2. '   This  act'  shall- be  in  force  from  and  after  i-''      :   '• 


28  ACTS  OF  THE  GENERAL  ASSEMBLY. 

CHAP.  36.  —  An  ACT  providing  for  the  amendment  and  re-enact 
ment  of  the  eleventh  section  of  chapter  twenty-ninth  of  the  Code 
of  eighteen  hundred  and  sixty. 

Passed  January  29,  1863. 

1,     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
eleventh  section  of  chapter  twenty-ninth  of  the  Code  of  eighteen 
-  hundred  and  sixty,  be  amended  and  re-enacted  so  as  to  read  as  fol- 

enacted 


"§11.  No  proceeding  shall  be  had  in  any  court  at  law  or  in 
equity,  or  on  any  execution  against  the  person  or  property  of  one 
who  has  volunteered,  or  who  has  been  drafted  and  ordered  into 
actual  service,  (whether  of  the  state  or  of  the  United  States),  or 
against  his  surety  from  the  time  such  person  shall  be  ordered  to  the 
place  of  rendezvous  until  three  months  after  his  term  of  service  shall 
have  expired.  In  any  case  where  a  suit  or  other  proceeding  has 
been  commenced  before  the  passage  of  this  act,  against  any  such  per 
son  or  his  sureties,  it  shall  not  be  necessary  for  him  or  his  sureties 
to  set  forth  the  fact  that  any  such  person  against  whom  any  suit  or 
other  proceeding  may  have  been  commenced,  has  volunteered  or  been 
drafted  and  ordered  into  actual  service  by  a  formal  plea  in  abate 
ment  or  other  plea,  but  an  affidavit  in  writing  of  any  such  person, 
or  agent,  that  such  person  has  volunteered  or  been  drafted 
into  the  actual  service,  and  as  satisfactory  proof  thereof,  the  court 
or  justice  before  whom  such  proceedings  may  be  pending  shall  order 
such  suit  or  proceedings  to  be  stayed  until  the  expiration  of  three 
months  after  the  term  of  service  of  any  such  person  shall  have  ex 
pired,  when  the  same  may  be  proceeded  in  as  if  this  act  had  not  been 
passed.  This  act  shall  not  apply  to  any  person  who  shall  have 
received  the  money  of  another  in  a  fiduciary  character,  nor  as  an 
officer  of  this  commonwenlth,  or  of  any  court,  nor  to  any  of  his  sure 
ties,  nor  to  any  person  who  shall  have  employed  a  substitute  to 
perform  his  term  of  duty,  nor  shall  it  prevent  the  granting  or  rein 
stating  of  any  injunction. 
commencement,  2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  37.— An  ACT  declaring  the  North  Fork  of  Fishing  Creek, 
in  the  county  of  Wetzel,  a  public  highway. 

Passed  January  29,  1863. 

1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
North  Fork  of  the  north  fork  of  Fishing  creek,  in  the  county  of  Wetzel,  from  the 


ACTS  OF  THE  GENERAL  ASSEMBLY.  29 


main   fork  up  to  Jeremiah  H.   King's  mills,  be,  and  the  same  i 
hereby  declared  a  public  highway  for  the  transportation  of  boats, 
lumber,  &c. 

2.  Be  it  further  enacted,  that  it  shall  be  unlawful  to  obstruct  Unlawful  to  ob- 
said  navigation  by  the  erection  of  mill-dams,  or  otherwise. 

3.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  38. — An  ACT  providing  for  the  removal  of  Criminal  Causes 
from  the  County  of  Tucker  to  the  County  of  Preston. 

Passed  January  29,  1863. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  it 

will  be  lawful  for  the  county  or  circuit  courts  of  Tucker  county  to  e^lJunt'i 
make  an  order  for  the  transfer  and  removal  to  the  county  or  circuit 
court  of  Preston  county  for  trial  therein,  any  criminal  cause  nowcounty> 
pending  therein,  or  which  may  hereafter  be  commenced  in  the  said 
county,  and  the  courts  of  Preston  county  shall  have  and  exercise 
the  same  jurisdiction  over  and  for  the  trial  of  any  such  person  so 
removed,  as  if  the  same  had  been  commenced  in  the  courts  of  the 
said  Preston  county. 

2.  This  act  shall  be  ia  force  from  its  passage.  Commencement 


CHAP.  39. — An  ACT  allowing  mileage  to  the  Delegates  of  the  Con 
vention. 

Passed  January  30,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  delegates  Delegates  to 
to  the  convention  which  is  to  assemble  at  the  city  'of  Wheeling  on  Stied*to  nJieil 
the  twelfth  day  of  February,  1863,  shall  be   entitled  to  the  same 
mileage  as  is  now  allowed  by  law  to  members  of  the  general  assem 
bly. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  40. — An  ACT  to  amend  and  re-enact  the  Act  passed  May 
the  15th,  1862,  entitled  "An  Act  to  re-organize  the  Kanawha 
Board. 

Passed  January  30,   1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  sections  four 
and  five  of  the  act  passed  May  the  15th,  1862,  be  amended  and  re- 
enacted  so  as  to  read  as  follows : 


3D.  ACTS  OF  THE  c  |  ^SBAL  ASSEMBLY. 

Section  four  a-     US4.     The  board  of  public  works,  when  in  their  opinion  the  ser- 

menaed  ana  re>  •  *•  -•  J.JTSJ.I     .....  -.   .  J  '.-..'  r      "  ,   "•" 

enacted.,  vices  of  such;  an  officer  are  required,  shall  appoint,  a  general  super 
intendent,  who  shall  have  supervision  of  both  the  Kanawha  river 
and  road,  whose.  duty  it  shall  ,  be  to  collect  from  the  gate-keepers, 
quarterly.,,  the  net  proceeds  of  the  .tolls  collected  by  s.aid  gate-keep- 
:ers,  and  keep  such  road,  in  repair  by  the  use.  of  said  tolls  and  pay 
over  the  residue  to  the  Kanawha  board  for  the  river  improvement; 
also,  to  take  charge  of  and  secure  i°r  the  use  °f  the  board,  all  the 
boats,  tools  and  other  property  now  on  the  river,  which  was  procu 
red  by  the  Kanawha  board  in  and  for  the  improvement  of-  the 
Kanawha  river  and  road,  and  manage  and  superintend  the  improve 
ment  of  the  river  subject  .to  the  .  control  of  said  Kanawha  board, 
and  shall  make  quarterly  returns  to  said  board,  of  his  collections 
and  disbursements,  and  shall  receive  for  his  services  annually,  a 
sum  not  exceeding  one  thousand  dollars." 

Section  fire  a-     "§5.     The  said  Kanawha  board  shall  annually  make  full  report 

enacted.  *n'    '*  to  the  board  of  public  works,  of  all  their  acts  and  doings,  pertain 
ing"  to  said  river  and  road  improvement."  ; 

Commencement.      2.     This  act  shall  be  iri-  force  from  its  passage;  : 
[•3q  c.::;s3  v:;>>  !o  irtjij  sdi  70*  btia  TS-70  aailaj 


taart  CHAP.  41.  —  An  ACT  £o  jegalize  /.the  appointment  of  Ferdinand 
Lewis,  as  Administratoi"  of  ^he  'estate  of  Solomon  Michael,  'Sr., 
late  of  Hardy  county. 

Passed  January  30,  1863. 
-ffou  9uj  lo  ^jigdlvd  •?,;.;  03  ^gAsfrm  aniwoffs  TOA  fsA—  98    lAliO 

1.  Be  it  enacted  by  the  General-  Assembly  of  Virginia,  That  the 
appointment  made  by  A&jafc  P°Uy?  a  justice  of  the  peace  in  and 

confirmed.         for^he  .county  of  Hardy,  in  t'he  state  of  Virginia,  of  Ferdinand 

:.i  "Lewis  as  the  administrator  of  the  personal  -estate  of  Bdlalrion.  Hi- 

:  •  bhael,  sr.,  cTeceased/la-fie  o-f-;Hardy  county,  be,  and  the  same  is  hereby 

'declared  legal  -an^  binding  in  law.'    And  thaif  all  the  acts:  and  pro 

ceedings  of  said  -administrator  have  the-  same  -force  and;  effect,  ats 

though  said  appointment  and  qualification  had  been  made  and  done 

by  the  county  court  of  'said  county  of  Hardy  j 

2.  In  the  event  of  there  being  no  court  or  clerk  in  the  county 
of  Hardy,  the  bond  executed  by  Ferdinand  Lewis,  with  William 
•Mithael-  and;  John  iMichael,  as  liis  securities  rin  said  administration, 

.,    .    ,-shall  be'-fikd  and  there  preserved  in  the  clerk's  office  of  the  county 

Bond  authorized  '     '  .........  .....  ;        j...  . 

to  b«  filed   in  court  of  Preston  county,  and  shall  be  in  all  respects  as  binding  as 

Preston    t/onnty  •  *,Jr     f\>t  ,j~,         T  ;  •  r  n-,     -.  . 

Court.  though  given  before  the  county  6onrt  of  Hkrdy  county,  and  filed  in 

tfa$  cleiks  office  of  .  said  :  court  of  Hardy.  G^untyi  .  :  .-  ,,  .  :  :<  .  ;  ^  ^      j- 
^    iTiiia.actflhall  be-in  .force  froni  it»  passage.  ..  t,  ^  lo  ^\M 

:  awoifol  ?<&  iz'yi  oj  sn  ca  Bojoaaa 


A6TS  OF  THE  GENERAL  ASSEMBLY;' 


•wol   -:<*HA-r.  42.—  An  ACT  fcfr  the  relief  of  E.  H.  Mayo.  , 

•v't  •'•  v&j$  oif^  3H£*oi:-?j?iii  oJ    '  .....     •  ......  "fsvY"  *•«->  -•••-'I    --f*  'Vj 

Passed  January  30,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  E.  H.  Mayo,  Kjjt  Mayo  «.- 
of  Kanawha  county,  be,  and  is  hereby  released  from  the  payment  payment  ^  of  a 
of  a  merchants  license  imposed  upon  him  for  the  year  1862.-  cense. 

'  "%.'    This  act  shall  be  in  force  from  its  passage.  '-•  l*-~  ;,:;;.-:  Commencement, 

-1  °      -  -  -•»     **  .Vir.-. 


.Vrr.-5.rw 


_ 

.  -.'.  :   ''      :  .-  •    :,  "  ~  :  vf-tev: 

"" 


CHAP.  43.  —  An   ACT  authorizing   the  Governor  to  postpone  the 
May  'Elections  for  the  year  1863. 


;:  1.     Ee  it  enacted  by  the  General  Assembly,  That  if  the  conven 
tion  and  people  of  the  proposed  state  of  West  Virginia  shall  ratify 
the  change  in  their  constitution  proposed  by  congress,  then  the 
governor  of  this  commonwealth  shall  issue  his  proclamation,  sus 
pending   arid  postponing,  until  the  fourth  Thursday  of  October,  Electiong  onthe 
within  the  boundaries  of  the  said   proposed  state,  the   elections  S^^SJJJT 
appoi-rited  by  law  'to  b"e  held  on  the  fourth  "Thursday  of  May  next  ;  «d-    •;  • 
arid  if  /the  said  proposed  state,  shall  within  the  said  period,  become 
one  of  the  United  States,  such  suspension  and  postponement  shall 
become  perpetual.  •..•oiiiera  ^.TC..? 

•  %.     This  act  shall  be  in  force  from  its  passage.  oprnmencement. 


CHAP.  44.—  An  ACT  for  the  relief  of  George  Fisher,  Commissioner 

the  Revenue  for  Lewis  county.   ; 
.^^;^>;A  .-:,i-^.::;^:M  13  &'&suw  ^Ii 


Passed  January  30,  1863., 

'1.     Be  it  eriacted  by  the  Gerieral  Assembly,  That  the  auditor  be,  Audit0r  to  pay 
and   is  hereby  directed  to  issue  his  warrant  in  favor  of  George  2^Sy.fiveSdoi- 
Fisher,  for  the  'sum  of  seventy-five  dollars,  to  be  paid  out  of-  anylar'v..;  .i,«l3tT*a 
money  in  the  treasury  not.  otherwise  appropriated,  being  the  amount 
'due  said  'George  Fisher  for  services   rendered  by  him  as  commis- 
s:ioner,  .of  the  revenue  for  Lewis  county  for  the  year  1861. 

2.     This  act  shall'  be  "in  force  from  itsf  passage.  Commencement. 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


First  district. 


Second  district. 


CHAP.  45. — An  ACT  to  amend  the  second  section  of  chapter  four 
of  the  Code  of  Virginia  in  relation  to  districting  the  State  for 
Representatives  in  Congress. 

Passed  January  30,  1863. 

1.     Be   it   enacted  by  the  General  Assembly,  That  the  second 
Ssction    second  section  of  chapter  four  of  the  Code  of  Virginia,  be,   and  the  same 

amended  and  re-  ...  .  -in 

nacted.  is  hereby  amended  and  re-enacted  so  as  to  read  as  follows: 

"§2.     The  number  of  members  to  which  this  state  is  entitled  in 
Apportionment   the  house  of  representatives  of  the  United  States,   shall  continue 

of      representa-  .  ,  ... 

tires.  apportioned  amongst  the  several  counties,  cities,  towns  and  corpo- 

NO.  of  districts,  rations  of  the  state  arranged  into  eleven  districts,  numbered  as 
follows,  that  is  to  say : 

"The  counties  of  Accomac,  Northampton,  Northumberland,  West 
moreland,  Richmond,  Essex,  Lancaster,  Middlesex,  King  and  Queen, 
King  William,  New  Kent,  Gloucester,  Matthews,  York,  JameB  City, 
Elizabeth  City,  Warwick,  Charles  City,  King  George,  and  Caroline, 
with  a  population  of  129,201,  form  the  first  congressional  district. 
"And  the  counties  of  Princess  Anne,  Norfolk  and  City,  Nanse- 
mond,  Isle  of  Wight,  Southampton,  Sussex,  Surry,  Prince  George, 
Dinwiddie,  Greenville,  and  Brunswick,  with  a  population  of  129.901, 
form  the  second  congressional  district. 

Third  district.  "Aad  the  counties  of  Stafford,  Spottsylvania,  Orange,  Culpeper, 
Rappahannock,  Louisa,  Hanover,  Henrico,  Richmond  City,  and 
Goochland,  with  a  population  of  133,139,  form  the  third  congres 
sional  district. 

"And  the  counties  of  Mecklenburg,  Lunenburg,  Charlotte,  Ap- 
pomattox,  Prince  Edward,  Nottoway,  Buckingham,  Cumberland, 
Amelia,  Powhattan,  Chesterfield,  Fluvanna,  Amherst,  and  Nelson, 
with  a  population  of  135,829,  form  the  fourth  congressional  district. 
"And  the  counties  of  Patrick,  Henry,  Franklin,  Pittsylvania, 
Halifax,  Campbell,  Bedford,  and  Roanoke,  with  a  population  of 
132,680,  form  the  fifth  congressional  district. 

"And  the  counties  of  Rockingham,  Augusta,  Rockbridge,  High 
land,  Bath,  Allegheny,  Bottetourt,  Albemarle,  Page,  Greene,  Madi 
son,  and  Craig,  with  a  population  of  131,380,  form  the  sixth  con 
gressional  district. 

"And  the  counties  of  Alexandria,  Berkeley,  Frederick,  Shenan- 
doah,  Jefferson,  Clark,  Warren,  Loudoun,  Fauquier,  Fairfax,  and 
Prince  William,  with  a  population  of  133,082,  form  the  seventh 
congressional  district. 

Eighth  district.       "And  the  counties  of  Lee,  Scott,  Wise,  Buckhannon,   Russell, 


Fourth  district. 


Fifth  district. 


Sixth  district. 


Seyenth  district. 


ACTS  OF  THE  GENERAL  ASSEMBLY. 

Washington,  Grayson,  Smytlie,  Tazewell,  Bland,  Wythe,  Carroll, 
Pulaski,  Giles,  Montgomery,  and  Floyd,  with  a  population  of  129,- 
934,  form  the  eighth  congressional  district. 

"And  the  counties  of  Ohio,   Hancock,  Brooke,  Marshall,  Wetz el,  Ninth  strict. 
Tyler,  Pleasants,   Doddridge,  Harrison,  Ritchie,  Wood,  Wirt,  Gil- 
mer,  Calhoun,  and  Roane,  with  a  population  of  114,141,  form  the 
ninth  congressional  district. 

"And  the  counties  of  Kanawha,  Jackson,  Mason,  Putnam,  Cabell,  T< 
Clay,  Wayne,   Logan,  Boone,  Braxton,  Nicholas,  McDowell,  Wyo 
ming,   Raleigh,  Fayette,   Mercer,  Monroe,  and   Greenbrier,  with  a 
population  of  117,378,  form  the  tenth  congressional  district. 

"And   the    counties   of   Taylor,    Marion,    Monongalia,    Preston,  Eleventh  district 
Tucker,  Lewis,  Barbour,  Upshur,  Webster,  Pocahontas,  Randolph, 
Pendleton,  Hardy,  Hampshire,  and  Morgan,  with  a  population  ef 
114,807,  form  the  eleventh  congressional  district." 

2'.     This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  46.— An  ACT  to  incorporate  the  Citizens'  Railway  Company 
of  the  City  of  Wheeling. 

Passed  January  30,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  John  L.  Hobbs", 
S.  H.  Woodward,  Chester  D.  Hubbard,  Joshua  Bodley,  John  List,  Incorporatora,0 
Robert  Crangle,  Andrew  J.  Sweeney,  Robert  Irwin,  or  a  majority  of 
them  be,  and  they  are  hereby  appointed  commissioners  to  open 
books  for  the  purpose  of  receiving  subscriptions  to  the  capital  stock 
of  the  company  hereby  incorporated,  by  the  name,  style  and  title  of  NameofCompa- 
the  "Citizens'  Railway  Company,"  with  power  to  lay  out  and  con-jX'ers> 
struct  a  railway  of  single  track,  and  the  necessary  sidlings  and 
switches,  which  may  commence  at  any  point  not  farther  south  than 
the  southern  line  of  Ohio  county,  and  may  run  through  the  town  of 
South  Wheeling  of  Fifth  street  to  Denny  street,  along  Denny 
street  to  Jacob  street,  along  Jacob  street  into  the  city  of  Wheeling 
by  said  street  to  Chapline  street,  along  Chapline  street  to  First 
street,  along  First  street  to  Main  street,  along  Main  street  to  John 
street,  along  John  street  to  Market  street,  along  Market  street  to 
Madison  street,  along  Madison  street  to  Main  street,  along  Main 
street  to  the  Martin's  Ferry  Landing,  and  from  Main  street  along 
Madison  street  across  the  suspension  bridge  and  along  Zane  street,  and 
across  the  the  western  bridge  to  the  limits  of  the  state  of  Virginia. 
The  consent  of  the  several  corporations  through  whose  streets  the  consent 
3 


34  ACTS  OF  THE  GENERAL  ASSEMBLY. 

said  railway  passes  having  been  first  obtained  for  the  use  of  said 
streets,  and  the  said  company  are  hereby  empowered  and  author 
ized  to  use  any  other  streets  of  said  corporations  for  their  business, 
when  a  like  consent  is  obtained. 

Capital  stock.  2.  That  the  capital  stock  of  the  said  company  shall  consist  of  not 
less  than  twenty-five  thousand  nor  more  than  one  hundred  thousand 

Shares  dollars,  which  shall  be  divided  into  shares  of  fifty  dollars  each. 

3.  That  as  soon  as  twenty-five  thousand  dollars  of  said  stock  is 
subscribed  for  bona  fide,  the  said  commissioners,  or  a  majority  of 
them,  may  call  a  meeting  of  the  said  subscribers — giving  at  least  ten 

Notice  of  meet-(jaysnoticeofthe  time  and  place  thereof,  by  publication  in  one  or  more 
newspapers  published  in  the  city  of  Wheeling,  and  if  a  majority  of  said 
stockholders  is  not  represented  on  that  day  in  person  or  by  proxy,  the 
meeting  shall  stand  adjourned  from  day  to  day  until  a  majority  of 

Organization,  said  stock  shall  be  represented.  The  stockholders  at  said  meeting 
shall  proceed  to  organize  said  corporation,  and  shall  choose  by  a 
majority  of  the  votes  represented  at  said  meeting  by  ballot,  five 
directors,  all  of  whom  shall  be  citizens  of  Ohio  county,  who  shall 
choose  one  of  their  number  to  be  president,  all  of  whom  shall  serve 

Terms.  until  the  time  fixed  in  the  by-laws  for  the  next  annual  meeting  of 

the  stockholders,  or  until  their  successors  are  regularly  and  lawfully 
chosen,  that  each  and  every  member  of  said  corporation  shall  be 
entitled  to  vote  for  each  share  of  stock  held  by  him  or  her ;  and  that 

May  increase  the  the  directors  of  said  company  may  at  any  time  increase  the  capital 
d  stock  to  the  maximum  limit  of  $100,000,  and  the  Weeeling  and  Bel- 
mayge  mont  Bridge  Company  are  hereby  authorized  and  empowered  to 

subscribe.          8Ubscribe  to  said  stock  to  an  amount  not  exceeding  $10,000. 

4.  That  as  soon  as  the  stockholders  shall  have  elected  the  direc 
tors  as  aforesaid,  the  said  stockholders  shall  become  a  body  corporate 
in  deed  and  in  law  by  the  name,  style  and  title  of  "The  Citizens' 
Eailway  Company,"  and  by  said  name  they  shall  have  perpetual 
succession  with  power  to  make  a  corporate  seal,  and  the  same  to 
alter,  modify  and  renew  at  pleasure,  and  to  ordain,  establish  and  put 
in  execution  such  by-laws,  ordinances,  rules  and    regulations,  as 
shall  appear  necessary  and  convenient  for  the  said  corporation  and 
not  being  contrary  to  the  Constitution  of  the  United  States,  nor  of  this 
commonwealth,  and  shall  be  capable  of  taking  and  holding  their 
capital  stock  and  the  increase  of  profits,  and  of  purchasing,  taking 
receiving  and  holding  all  such  real  estate  and  personal  property  as 
may  be  necessary  and  convenient  to  enable  them  to  carry  on  the 
business   and  traffic  of  their  said  road  with  economy  facility  and 
dispatch,  and  the  same  to  exchange,  barter,  sell,  let  or  lease  on 
ground  rent,  mortgage  or  lease,  or  otherwise  dispose  of  at   their 


ACTS  OF  THE  GENERAL  ASSEMBLY.  35 

pleasure,  and  of  suing  and  being  sued,  pleading  and  being  implead- 
ed  by  the  corporate  name,  and  shall  have  generally  all  the  rights, 
privileges,  franchises  and  incidents  belonging  and  appertaining  to  a 
corporation,  and  the  right  of  doing  all  and  every  other  matter  and 
thing  which  a  corporation  may  lawfully  do. 

5.  That  said  company   shall  not  allow  the  transfer  of  any  share  Transfer  of  stock 
or  shares  of  stock,  except  by  resolution  of  the  board  of  directors, 

until  all  the  instalments  have  been  paid,  and  if  any  stockholder 
shall  omit  for  the  space  of  six  months,  to  pay  any  instalment  which 
may  have  been  called  for,  the  directors  of  the  company  may  either 
declare  the  share  or  shares  of  stock  on  which  th,e  instalment  or  in 
stalments  are  unpaid,  as  aforesaid,  to  be  forfeited,  or  may  at  their 
option,  bring  suit  to  recover  the  said  instalment  or  instalments  with 
interest  at  the  rate  of  ten  per  centum  per  annum,  against  the  per 
son  or  persons  appearing  by  their  books,  to  be  the  owner  or  owners 
thereof. 

6.  That  the  dividends  of  so  much  of  the  profits  of  said  company  Ditidenda. 
as  shall  appear  advisable  to  the  directors,  shall   be  declared  in  the 
months  of  January  and  July  of  each  year,  and  be  paid  at  the  office 

of  said  company  any  time  after  ten  day's  notice  from  the  time  of 
declaring  the  same,  but  said  dividends  shall  in  no  case  exceed  the 
amount  of  the  net  profits  of  said  company,  so  that  the  capital 
stock  shall  never  be  thereby  impaired,  and  in  case  the  directors  shall 
declare  a  dividend  exceeding  the  amount  of  the  net  profits  and 
thereby  impair  the  capital  stock,  they  shall  be  held  individually 
liable  for  all  such  excess. 

7.  That  the  said  railway  company  shall  be,  and  they  are  hereby  Guage  of  road, 
required  to  lay  the  track  of  their  said  road  of  such  a  guage  as  to 

be  most  convenient  for  the  use  of  carriages  and  buggies  passing 
over  the  said  road,  and  in  all  cases  the  carriage  or  vehicle  following 
the  car  shall  have  the  right  to  the  track,  and  the  carriage  or  vehi 
cle  corning  in  the  opposite  direction,  shall  be  required  to  turn  off 
of  the  track. 

8.  That  if  any  person  or  persons  shall  wilfully  break,  remove, 
destroy,  or  injure  any  part  of  said  railway  or  cars,  carriages,  station 
houses,  or  any  buildings  or  property  of  said   company,   or   shall, 
without  the  consent  of  said  company,  wilfully  and  unnecessarily 
obstruct  or  impede  the  passage  on  or  over  the  said  railway  or  any  °ffence?- 
part  thereof,  the  person  or  persons  so  offending  shall  forfeit  and  pay 

for  every  such  offence,  the  sum  of  five  dollars  to  the  said  company, 

but  no  such  suit  shall  be  brought  unless  commenced  within  thirty  L'™lt»tiou   of 

days  after  such  offence  shall  have  been  committed,  and  the  person 

or  persons  so  offending,  shall  be  liable,  in  addition  to  said  penalty, 


36  ACTS  OF  THE  GENERAL  ASSEMBLY. 

to  action  or  actions  at  the  suit  of  the  said  railway  company,  for 
any  loss  or  damage  occasioned  by  his  or  her/or  their  acts  as  aforesaid. 
Grades  of  streets  9,  The  said  railway  company  shall  not'alter  the  grade  of  any  street 
over  which  the  said  road  passes,  without  the  consent  of  the  corporation 
through  which  the  said  street  passes,  having  first  been  obtained  to 
the  said  alteration,  and  the  said  railway  company  shall  keep  so 
much  of  the  said  streets  in  perpetual  and  good  repair,  as  are  used 
by  the  said  company,  from  the  distance  of  two  feet  on  the  outer 
side  of  one  rail  to  a  like  distance  on  the  outer  side  of  the  opposite 
rail  of  their  said  track,  at  the  proper  expense  and  charge  of  the 
said  company,  and  the  said  company  shall  in  no  case  use  locomotive 
engines  on  said  road  without  first  obtaining  the  consent  of  the  cor 
poration  through  which  the  said  railway  passes. 

10.  That  the  corporations  through  which  the  said  railway  passes 
rations  through  shall  have  power  to   establish  such  regulations  in  said  railway,  as 

which   the    said  r.    .  ?  .    .  j  •  i 

road  passes.  may  be  requisite  lor  the  purpose  oi  paving,  repairing,  grading,  cul- 
verting  and  laying  gas  and  water  pipes,  in  and  along  the  streets 
used  by  said  company,  and  to  prevent  obstructions  thereon ;  and 

Tax<  the  corporation  of  the  city  of  Wheeling  may  assess  and  collect  a 

tax  on  the  cars  used  by  said  company  on  the  streets  of  said  city,  of 
a  sum  to  be  agreed  on  between  the  said  company  and  the  said  city: 
provided,  the  said  sum  so  assessed  be  not  more  than  at  the  rate  of 
$25  per  annum,  for  each  car  used  in  the  said  streets ;  and  the  town 
of  South  Wheeling,  may,  in  like  manner,  assess  and  collect  a  tax 
on  the  cars  run  through  the  streets  of  said  town,  of  a  sum  not 
exceeding  the  rate  of  $5  a  year  for  each  car  used  in  said  streets. 

11.  That  no  greater  fare  shall  be   charged  upon  the  line  of  said 
road,   east   of  the  Ohio  river,  than  ten  cents  per  passenger,    and 
no  greater  fare  on   the  line  of  said  road  passing  over  the  bridges 
and  island,  to  the  limit  of  the  state  of  Virginia,  than  fifteen   cents 
per  passenger,  and  the  said  railway  company  are  hereby  authorized 
and    empowered   to  transfer  and  carry  to  and  from  any   and  all 
points  upon  the  line  of  said  road,  baggage,  parcels  and  packages,  at 
such  rates  as  may  be  fixed  by  the  board  of  directors  of  the  company. 

Commencement.      ]_2.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  47. — An  ACT  making  an  appropriation  to  rebuild  a  bridge 
over  Stony  River  on  the  North  Western  Turnpike,  in  Hardy 
county. 

Passed  January  30,  1863. 

1.     Be  it  enacted  by  the  General  Assemby  of  Virginia,  That  the 
sum  of  thirty-two  dollars,  be,  and  is  hereby  appropriated  out  of 


ACTS   OF  THE  GENERAL  ASSEMBLY.  37 


any  money  in  the  treasury,   not  otherwise  appropriated,  to  be  ex- 

pended  by  the  board  of  public  works  for  the  purpose  of  rebuilding  bridge  orer  sto- 

the  bridge  over  Stony  river  on  the  northwestern  turnpike  in  Hardy 

county. 

2.     This  act  shall  be  in  force  from  its  passage.  Commencement. 


- 

CHAP.  48. — An  ACT  appropriating  the  Capitation  Tax  for  the  year 
1862,  for  Educational  purposes. 

Passed  January  30,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  auditor  of  Auditor  to agcer 
public  accounts  do  ascertain  as  soon  as  practicable,  the  amount  of tain.  amount  of 

r  capitation  tax 

capitation  tax  paid  into  the  treasury  for  the  years  1861  and  1862,  ?»»<*    into    the 

/ .  J  ,  treasury  for  the 

from  the  several  counties  and  the  cities  and  towns  having  corpora-  y«ars  ISGI  and 
tion  courts,  and  set  apart  the  same  to  the  credit  of  the  literary  fund 
for  the  purposes  of  education  and  primary  and  free  schools. 

2.  The  said  auditor  shall  cause  the  amount  thus  ascertained  by 
him  to  have  been  paid  into  the  treasury,  from  each  county,  city,  or 

town  having  a  county  or  corporation  court,  to  be  paid  to  and  ap-  ap°pYie£nd  *°  be 
plied  in  every  such  county,  city,  or  town,  to  the  purposes  of  educa 
tion  in  the  manner  now  prescribed  by  law,  and  to  existing  claims 
lawfully  due  from  said  fund  for  educational  purposes,  in  the  order 
of  time  in  which  they  were  audited  and  allowed  according  to  law. 

3.  The  money  in  the  treasury  of  the  state,  as  well  as  all  moneys 
that  may  hereafter  come  into  the  treasury,  derived  either  from  fines, 
forfeitures  or  dividends  on  stocks  standing  in  the  name  of  the  lit 
erary  fund,  as  well  as  interest  on  loans  due  the  same,  shall  consti 
tute  part  of  the  general  fund  of  the  state :  provided  however,  that  Proviso, 
the  general  assembly,  wrhen  the   cities,  towns  and  counties  of  the 
state  are  in  condition  to  use  the  same,  be  refunded  and  distributed 

as  the  general  assembly  shall  think  just  and  proper. 

4.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  49. — An  ACT  staying  the  collection  of  certain  debts. 
Passed  January  30,  1863. 


1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That 
no  writ  of  fieri  facias,  order,  or  other  process  issued  under  any 
judgment  or  decree  heretofore  rendered  by  any  court  of  this  com 
monwealth,  or  justice  of  the  peace,  nor  that  may  be  hereafter  ren- 


38  ACTS  OF  THE  GENERAL  ASSEMBLY. 

dered  by  any  such  court  or  justice,  shall  be  placed  in  the  hands 

of  any  sheriff  or  other  officer  to  be  levied,  while  this  act  shall  re- 

ha°d  8und«r°  ai^y  main  ^-n  ^Tce,  HOT  shall  there  be  any  sales  under  any  deed  of  trust 

he?etoforetrUexe- heretofore  recorded,  without  the  consent  of  all  the  parties  thereto, 

cuted.  nor  lin(ler  any  decree  or  judgment  since  rendered  or  that  may  be 

hereafter  rendered,  except  as  otherwise  herein  provided  for,  and  in 

any  case  where   a  levy  has  been   made  previous  to  the  passage  of 

Property  to  be  this  act,  the  property  so  levied  on  shall  be  returned  to  the  owner^ 

returned  to  OWQ- an(j  ^e  judgment,  under  which  the  levy  was  made,  shall  be  a  lien 

Lien>  on  all  the  property  both  personal  and  real,  of  the  debtor,  and  shall 

have  priority  over  all  other  judgments  as  to  the  personal  property 

of  such  debtor. 

2.  Be  it  further  enacted,  that  any  person  may  sue  for  any  debt, 
and  maintain   any  action  at  law  or  in  equity,  and  proceed  to  judg 
ment  therein,  and   any  judgment,  execution,  order   or  decree   now 
issued  or  rendered,  or  that  may  hereafter  be  rendered,  shall,  in  ad 
dition  to  the  provisions  of  chapter  one  hundred  and  eighty-six  and 
one  hundred  and  eighty-eight  of  the  Code  of  1860,  constitute  a  lien 

personal  estate,  on  all  the  estate,  both  personal  and  real  of  the  judgment  debtor, 
from1  and  after  the  docketing  of  any  such  judgment,  as  is  provided 
for  in  the  third  and  fourth  sections  of  chapter  one  hundred  and 

What  is  included  eighty-six  of  the  Code  of  1860.  This  provision  shall  include  all 
judgments  whether  rendered  by  justices  of  the  peace  or  courts  of 
this  commonwealth. 

3.  In  all  debts  or  liabilities  accruing  before  the  26th  day  of  July, 
1861,  the  debtor  is  required,  upon  the   demand  of  the  creditor,  to 

toepayrth?iilte^pay  the  interest  due  thereon  within  six  months  after  demand  thereof 
eat  on  demand.    an(^   Up0n  failure  therein,  may  be  proceeded  against  as  if  this  act 
had  never  been  passed. 

4.  Be  it  further  enacted,  that  in  all  cases  where  a  lien  has  been 
acquired  by  judgment  or  decree   before  any  court  or  justice  of  the 
peace  of  this  commonwealth,  or  by  any  deed  of  trust,  the  creditor 
may  proceed  against  the  debtor,   and  enforce  the  collection  of  his 

maynenforce  the  debt,  interest  and  costs,  in  the  same  manner  as  if  this  act  had  never 

conectic        "dkeen   passed:   provided  however,  that  such  creditor,  his  assignee, 

personal  representative,  agent,  or  attorney,  shall  first  file  with  the 

clerk  of  the  court  or  justice  of  the  peace,  as  the    case  may  be,  an 

affidavit  that  the  affiant  believes  that  the  debtor  in  such  case  in- 

9          tends  to  remove  or  has  removed  his  effects  out  of  the  county  where 

the  judgment  or  decree  was  rendered,  or  in  which  the  same  is  dock- 

'    Cted,  or   if  a  deed  -of  trust,   out  of  the  county  where  the  same  is 

recorded,  or  that  he  is  fraudulently  removing,  or  disposing   of  the 

same,  so  that  it  will  not  be  forthcoming  and  liable  to  the  payment 


ACTS  OF  THE  GENERAL  ASSEMBLY.  39 

of  the  judgment,   decree,  or  deed  of  trust,  as  the  case  may  be,  at 

the  expiration  of  this  act.     But  the  debtor  may  contest  the  Wtd*-;JJ*5— fjfjj^ 

tor's  right  to  such  proceedings,  and  upon  a  motion  by  the  debtor  itor's  right    to 

0  r  J  proceed    against 

to  quash  the  same  upon  the  grounds  that  he  was  not  removing,  norhim- 
did  intend  so  to  remove  his  effects  or  fraudulently   dispose  of  the 
same,  as  alleged  by  the  creditor,  the  court  or  justice  of  the  peace 
before  whom  such  motion  is  made,  shall,  in  determining  such  con 
troversy  be  governed  by  the  same  rules  of  law  that  they  are  now 
governed  by  in  determining  cases  of  attachments :  provided  however,  P^ISO, 
that  no  sale  or  barter  by  any  person  in  the  ordinary  transaction  of 
his  business  or  calling,  shall  be  deemed  to  be  fraudulent,  within  the 
meaning  of  this  section. 

5.  Be  it  further  enacted,  that  nothing  herein  contained  shall  be 
construed  so  as  to  interfere  with  or  abridge  the  law  now  in  force  in  ExcePtion8- 
relation  to  attachments  and  acts  of  detinue  and  trover,  nor  in  rela 
tion    to   injuries  or  torts,  nor  in  relation  to  actions    of  ejectment 

and  unlawful  entry  and  detainer,  nor  in  relation  to  the  pros 
ecution  of  criminal  offences  and  the  collection  of  fines,  taxes, 
licenses,  county  levies,  and  all  debts  due  the  commonwealth? 
but  the  same  may  be  proceeded  in,  as  now  provided  for  by  law> 
nor  shall  this  act  apply  to  sheriffs,  constables,  or  other  public  offi 
cers,  either  to  the  state,  counties,  corporations,  or  individuals,  nor 
to  attornies  at  law,  for  moneys  collected,  nor  to  debts  contracted  after 
the  26th  day  of  July,  1861,  nor  to  debts  nor  deeds  of  trust  executed 
after  the  said  26th  day  of  July,  1861;  but  payment  of  and  sales 
under  the  same  may  be  enforced  and  proceeded  in  as  if  this  act  had 
not  been  passed ;  nor  shall  the  time  during  which  this  act  is  in  force 
be  computed  in  any  case  in  which  the  statute  of  limitations  may 
come  in  question:  provided  however,  that  the  benefits  of  this  actProviso' 
shall  not  extend  to  any  person  who  shall,  after  the  passage  thereof, 
be  engaged  in  levying  war  against  the  government  of  the  United 
States  or  against  the  reorganized  government  of  Virginia,  adhering 
to  and  giving  aid  and  comfort  to  their  enemies,  and  any  judgment 
creditor  may  issue  his  execution  and  proceed  to  the  collection  of  such 
judgment  upon  making  affidavit  before  the  clerk  of  the  court 
wherein  such  judgment  is  recorded  or  before  the  justice  by  whom 
the  judgment  was  rendered,  that  such  debtor  is  so  engaged,  which 
execution  may  be  quashed  at  the  instance  of  the  defendant  upon 
his  showing  that  the  allegations  upon  which  it  issued,  were  untrue, 

6.  This   act  shall  be  in    force  from  the  first   day    of  February. 
1863,  and  shall  expire  on  the  first  day  of  January,  1864. 


40  ACTS  OF  THE  GENERAL  ASSEMBLY. 

CHAP.  50. — An  ACT  changing  a  place  of  voting  in  the  county  of 

Morgan. 

Passed  January  31,  1863. 

piac«  of  holding      ^'     ^e  ^  enacted  by  the  General  Assembly,  That  the  separate 
•lections  discon-  elections  heretofore  authorized  to  be  holden  at  the  houses  of  linger 

tinned.  o 

and  Humes,  in  the  county  of  Morgan,  be  and  the  same  are  hereby 

abolished,  and  in  lieu  thereof  the  elections  hereafter  to  be  held  for 
Sng.place '    r°"  said  places  of  voting,  shall  be  held  at  the  house  of  Bazzoc  Shockeys, 

in  said  county  of  Morgan,  at  which  election  precinct  all  persons 

qualified  by  law  to  vote,  may  vote. 
Commencement.     2.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  51. — An  ACT  allowing  certain  claims  out  of  any  money  de 
rived  from  assessment  of  fines  for  the  non-performance  of  military 
duty,  under  the  order  of  the  Governor  by  his  proclamation  dated 
September  9th,  1862. 

Passed  January  31,  1863. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That^the 
auditor  of  public  accounts  be  required  to  pay  any  claims  of  any 

Expenses  of  mm- county  when  properly  certified  by  a  regimental  court,  for  expenses 
incurred  by  said  county  in  organizing  and  drilling  the  militia  in 
September,  October  and  November,  1862,  under  the  order  of  the 
Governor  by  his  proclamation  dated  September  9th,  1862,  out  of 
any  money  that  may  come  into  the  treasury  from  the  assessment  of 
fines  against  persons  in  said  county  for  non-performance  of  military 
duty  in  September,  October  and  November,  1862,  under  the  order 
of  the  Governor  by  his  proclamation  dated  September  9th,  1862. 

Commencement.      g.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  52 — An  ACT  in  reference  to   the  troops  raised  within  the 
boundaries  of  the  proposed  State  of  West  Virginia. 

Passed  January  31,  1863. 

1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
Troops  of  west  troops  raised  within  the  boundaries  of  the  proposed  state  of  West  Vir- 
ginia,  and  now  in  the  service  of  the  United  States,  shall,  when  the 
said  proposed  state  becomes  one  of  the  United  States,  be  and  become 
to  all  intents  and  purposes  the  volunteer  militia  of  the  state  of  West 


ACTS  OP  THE  GENERAL  ASSEMBLY.  41 

Virginia  in  the  service  of  the  United  States,  and  shall  be  regulated, 
governed  and  officered  in  the  same  manner  as  if  they  had  been 
raised  and  organized  under  the  constitution  and  laws  of  the  state  of 
West  Virginia. 

2.     This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  53. — An  ACT  changing  the  place  of  holding  Elections  in 
Pleasants  county. 

Passed  Januarj  31,   1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  election 
precint  heretofore  existing  at  Pine  Grove    Meeting  House  in  the 
second  magisteral  district,  in  the  county  of  Pleasants,  be  and  the 
same  is  hereby  abolished,  and  in  lieu  thereof  the  elections  shall  be  held 
atT.  D.  Gorrell's  store,  in  Hebron,  in  the  district  and  county 
named,  which  is  hereby  made  a  lawful  place  of  voting. 

2.  This  act  shall  be  in  force  from  and  after  its  passage.  Commencement. 


CHAP.  54. — An  ACT  giving  the  consent  of  the  State  of  Virginia  to 
the  county  of  Berkeley  being  admitted  into  and  becoming  part  of 
the  State  of  West  Virginia. 

Passed  January  31,  1863. 

WHEREAS,  by  the  constitution  for  the  state  of  West  Virginia,  rati-  preamble, 
fied  by  the  people  thereof,  it  is  provided  that  additional  territory 
may  be  admitted  into  and  become  part  of  said  state  with  the  con 
sent  of  the  legislature  thereof,  and  it  is  represented  to  the  general 
assembly  that  the  people  of  the  county  of  Berkeley  are  desirous 
that  said  county  should  be  admitted  into  and  become  part  of  the 
said  state  of  West  Virginia;  now,  therefore, 

1.  Be  it  enacted  by  the  General  Assembly,  That  polls  shall  be  Polls  to  be  open- 
opened  and  held  on  the  fourth  Thursday  of  May  next  at  the  several ed' 

places  for  holding  elections  in  the  county  of  Berkeley,  for  the  pur 
pose  of  taking  the  sense  of  the  qualified  voters  of  said  county  on  the 
question  of  including  said  county  in  the  state  of  West  Virginia. 

2.  The  poll  books  shall  be  headed  as  follows,  viz:  "Shall  the  POU  books, 
county  of  Berkeley  become  apart  of  the  state  of  West  Virginia,"  and 

shall  contain  two  columns,  one  headed  "aye"  and  the  other  "no," 
and  the  names  of  those  who  vote  in  favor  of  said  county  becoming 
part  of  the  state  of  West  Virginia  shall  be  entered  in  the  first  col- 


42  ACTS  OF  THE  GENERAL  ASSEMBLY. 

umn,  and  the  names  of  those  who  vote  against  it  shall  be  entered  in 
the  second  column. 

3.  The  said  polls  shall  be  superintended  and  conducted  accord 
ing  to  the  laws  regulating  general  elections,  and  the  commissioners 

Superintendance  superintending  the  same  at  the  court-house  of  the  said  county,  shall 
within  six  days  from  the  commencement  of  the  said  vote  examine 
and  compare  the  several  polls  taken  in  the  county,  strike  therefrom 
any  votes  which  are  by  law  directed  to  be  stricken  from  the  same, 
arid  attach  to  the  polls  a  list  of  the  votes  stricken  therefrom  and 
the  reasons  for  so  doing.  The  result  of  the  polls  shall  then  be  ascer 
tained,  declared  and  certified  as  follows :  The  said  commissioners 
shall  make  out  two  returns  in  the  following  form,  or  to  the  following 

Form  of  returns,  effect : — "We,  commissioners  for  taking  the  vote  of  the  qualified 
voters  of  Berkeley  county  on  the  question  of  including  the  said  county 
in  the  state  of  West  Virginia,  do  hereby  certify  that  polls  for  that 
purpose  were  opened  and  held  the  fourth  Thursday  of  May,  in  the 
year  1863,  within  said  county  pursuant  to  law,  arid  that  the  follow 
ing  is  a  true  statement  of  the  result  as  exhibited  by  the  poll  books, 
viz :  for  the  county  of  Berkeley  becoming  part  of  the  state  of  West 

Virginia, votes ;  and  against  it, votes.  Given  under  our  hands 

this day  of ,  1863  ;"  which  returns  written  in  words, 

not  in  figures,  shall  be  signed  by  the  commissioners;  one  of  the  said 

^rnT5arT1?obeereturns  sna^  ^e  filed  in  the  clerk's  office  of  the  said  county,  and  the 

filed-  other  shall  be  sent  under  the  seal  "of  the  secretary  of  this  common 

wealth  within  ten  days  from  the  commencement  of  the  said  vote,  and 
the  governor  of  this  state,  if  of  opinion  that  the  said  vote  has  been 
opened  and  held,  and  the  result  ascertained  and  certified  pursuant 
to  law,  shall  certify  the  result  of  the  same  under  the  seal  of  this 
state  to  the  governor  of  the  said  state  of  West  Virginia. 

4.  If  the  governor  of  this  state  shall  be  of  opinion  that  the  said 
polls  cannot  be  safely  and  properly  opened  and  held  in  the  said  county, 

postpone  opening  of  Berkeley  on  the  fourth  Thursday  of  May  next,  he  may  by  procla 
mation  postpone  the  same,  and  appoint  in  the  same  proclamation 
or  by  one  to  be  thereafter  issued  another  day  for  opening  and  hold 
ing  the  same. 

5.  If  a  majority  of  the  votes  given  at  the  polls  opened  and  held 
When  said  couu-  pursuant  to  this  act  be  in  favor  of  the  said  county  of  Berkeley  be- 

ty  may   become  -1-  ^ 

part  of  the  new  coming  part  of  the  state  of  West  Virginia,  then  shall  the  said  county 
become  part  of  the  said  state  of  West  Virginia  when  admitted  into 
the  same  with  the  consent  of  the  legislature  thereof. 

Commencement.  r  passage. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  43 


CHAP.    55. — An    ACT  for  the    relief  of  Solomon    Parsons,    of  the 
county  of  Tucker. 

Passed  February  3,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  auditor  of  ££d^rrrant 
public  accounts,  be,  and  is  hereby  directed  to  issue  his  warrant  in 

favor  of  Solomon  Parsons,  for  the  sum  of  twenty-seven  dollars  and 
fifty-four  cents,  to  be  paid  out  of  any  moneys  in  the  treasury,  not 
otherwise  appropriated;  said  sum  of  money  being  the  amount  paid 
into  the  treasury  by  said  Solomon  Parsons  as  taxes  upon  license  for 
the  years  1861-2,  which  license,  owing  to  repeated  raids  of  rebel 
soldiers  into  the  county  of  Tucker,  he  has  been  prevented  from  using. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  56. — An  ACT  changing  a  place  of  voting  in  the  county  of 

Jackson. 

Passed  February  3,  1863. 

1.  Be  it  enacted  by  the   General  Assembly,  That  the  place  of  change  of  place 
voting  known  as  the  Sandyville  precinct,  in  the  county  of  Jackson,  ° 

be  and  the  same  is  hereby  changed  to  the  house  of  Warrin  Reeds 
in  said  county,  and  that  hereafter  it  shall  be  lawful  to  open  polls 
for  voting  at  the  house  of  said  Warrin  Reeds  instead  of  the  Sandy 
ville  precinct. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.    57. — An  ACT   to  regulate  the  election  of  officers  by   the 
Council  of  the  city  of  Wheeling. 

Passed  February  3,  1863. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  all  An  officers  to  be 
officers  which  now  are,  or  hereafter  may  be,  required  by  acts  of  the  b^iiot!^  by  J°int 
legislature  to  be   elected  by  the   council   of  the   city  of  Wheeling, 

shall  be  elected  by  joint  ballot  of  the  first  and  second  branches  of 
said  council,  a  quorum  of  each  branch  being  present,  or  in  such  other 
mode  as  shall  be  prescribed  by  the  ordinances  of  said  city. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


44  ACTS  OF  THE  GENERAL  ASSEMBLY. 

CHAP.  58. — An  ACT  to  confer  upon  the  President  of  the  second 
branch  of  the  Council  of  the  City  of  Wheeling  the  power  to  ad 
minister  oaths. 

Passed  February  3,  1863. 

President  to  ad-      1.     Be  it   enacted  by  the  General  Assembly  of  Virginia,  That 

minister  oaths.  ..  •-»%.*  i  .,       „  . 

the  president  of  the  second  branch  01  the  council  of  the  city  of 
"Wheeling,  for  the  time  being,  shall  be,  and  he  is  hereby  constituted 
a  justice  of  the  peace  so  far  as  administering  oaths  is  concerned 
within  the  limits  of  the  said  city:  provided  that  he  shall  not  sit  as 
a  justice  in  the  county  court  of  Ohio  county. 
Commencement.  2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  59.— An  ACT  for  the  relief  of  Henry  Snider. 
Passed  February  3,  1863. 

Henry  snider  re-      !•     -^e  ^  enacted  by  the  General  Assembly  of  Virginia,  That 
leased  from  fine.  Henry  Snider,  of  Marshall  county,  be  and  he  is  hereby  released  from 
the  payment  of  a  fine  of  one  hundred  dollars,  assessed  against  him 
by  the  county  court  of  said  county  of  Marshall  at  the  November 
term,  1859,  of  said  county  court. 
Commencement.      2.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  60. — An  ACT  to  provide  for  the  payment  of  certain  volun 
teers  in  companies  A  and  B,  of  the  10th  Virginia  Regiment  Vol 
unteer  Infantry,  for  services  rendered  not  paid  for. 

Passed  February  3,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  auditor  of 
"  public  accounts,  be,  and  the  same  is  hereby  authorized  to  pay  out  of 

tain  Toiuuteern.  ^Q  treasury,  out  of  any  moneys  not  otherwise  appropriated,  a  sum  suffi 
cient  to  pay,  at  the  rates  of  thirteen  dollars  per  month,  to  James 
Smallridge,  William  Smallridge,  and  William  Hyre  of  company  B, 
10th  Virginia  regiment  volunteer  infantry;  also,  to  James  Pickens 
and  Thomas  Cunningham  of  company  A,  of  said  regiment,  for  actual 
services  rendered  as  state  volunteers,  from  the  time  they  were 
sworn  into  the  state  service  to  the  time  when  the  same  were  mus 
tered  out  of  the  service  by  an  officer  ot  the  United  States,  because 
of  over  age,  receiving  no  pay  for  faithful  services  rendered. 

2.  Provided,  that  on  applications  for  pay  by  any  of  said  volun 
teers  for  any  such  service  rendered,  that  the  same  shall  be  required 
(by  either  themselves,  heirs,  agents,  or  attorneys,  as  the  case  may 

' 


ACTS  OF  THE  GENERAL  ASSEMBLY.  45 

be,)  to  furnish  satisfactory  evidence  to  the  governor,  of  the  time 
and  faithful  performance  rendered  in  the  volunteer  service  of  the 
state  by  each  volunteer  so  applying  for  pay,  and  when  the  governor 
shall  be  satisfied,  upon  such  evidence  as  may  be  produced,  that  any 
of  the  said  volunteers  are  entitled  to  pay  for  service  so  rendered, 
that  he  may  order  the  same  to  be  paid  in  accordance  with  the  pro 
visions  of  this  act,  and  said  order  shall  be  a  sufficient  voucher  to 
the  auditor  for  any  such  moneys  paid  by  him. 

3.     This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  61. — An  ACT  imposing  a  Tax  on  Dogs. 
Passed  February  3,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  law 
ful  for  the  several  county  courts  of  this  commonwealth,  all  the  magis 
trate's  being  first  summoned  for  this  or  any  other  purpose,  and  a 
majority  being  present,  to  levy  a  tax  on  dogs  owned  or  kept  in  their  TO  impose  a  tax 
respective  counties;  and  it  shall  be  the  duty  of  the  commissioners 

of  the  revenue,  provided  the  county  courts  shall  so  order,  of  the  Proviso, 
respective  counties,  to  list  annually  all  dogs  in  their  districts  and 
make  return  thereof  to  said  courts,  and  the  names  of  the  owners 
arranged  in  alphabetical  order,  at  the  May  or  June  terms  of  said 
courts. 

2.  Every  house-keeper  may  be  allowed  one  dog  free  of  tax,  and  ^^ ®pde" al" 
for  every  additional  dog  there  shall  be  a  tax  of  not  less  than  one  nor 

more  than  two  dollars, 

3.  The  taxes  so  levied  shall  be  paid  by  the  persons  respectively 

in  whose  names  the  dogs  shall  be  listed  ;  and  the  owner  or  occupier  £e  to 
of  any  house,  lot,  or  plantation,  about  or  upon  which  any  dog  may 
be  kept  or  permitted  to  remain,  shall  be  deemed,  for  the  purposes 
of  this  act,  tjie  owner  of  such  dog  or  dogs. 

4.  If  any  person  shall  conceal  his  dog  or  send  him  to  any  place 
for  the  purpose  of  avoiding  the  tax,  he  shall  pay  a  fine  of  five  dol- Fine* 
lars,  recoverable  before  any  justice  of  the  peace  for  the  county,  with 
costs. 

5.  Every  person  when  called  on  by  the  commissioner  of  his  dis 
trict,  shall  disclose  on  oath  the  number  of  dogs  owned  by  him,  or 
kept  or  permitted  to  remain  about  any  house,  or  upon  any  lot  oron  oath' 
plantation  in  his  occupancy  or  under  his  control ;   and  such  oath 
shall  be  administered  by  the  commissioner. 

6.  The  taxes  imposed  upon  dogs  under  this  act,  shall  be  collected  HOW  taxes  cci- 
and  accounted  for  by  the  sheriffs  of  the  respective  counties,  as  county  cSmtedfcfr.  *c% 


46  ACTS  OF  THE  GENERAL  ASSEMBLY. 

levies  are  by  law  directed  to  be  collected  and  accounted  for ;  and  to 

Duty  of  courts,  this  end  it  shall  be  the  duty  of  the  courts  on  or  before  the  July  term  of 
each  year  to  cause  a  list  to  be  delivered  to  the  sheriffs,  containing 
the  names  of  all  persons  charged  with  a  dog  tax,  and  showing  the 
amount  assessed  severally  against  each. 

Lists.  7.     The  courts  of  the  several  counties  shall  cause  a  list  or  lists 

containing  the  names  of  all  persons  failing  to  pay  the  dog  tax  assessed 
against  him  to  be  delivered  to  the  constables  of  the  several  districts 
in  which  they  respectively  reside,  with  the  number  of  dogs  listed 
to,  and  the  amount  of  tax  assessed  severally  against  each,  for  which 
such  constable  shall  give  his  official  receipt  to  the  court,  and  it  shall 
be  the  duty  of  the  constable  upon  receiving  such  list  forthwith  to 

Demand.  make  a  demand  upon  the  delinquent  party  for  the  payment  of  such 

tax,  and  upon  the  failure  to  pay  over  the  tax  that  may  be  assessed 

Duty  of  consta-  against  such  delinquent  party,  it  shall  be  the  duty  of  the  constable 

"forthwith  to  search  out  and  kill  every  dog  in  respect  to  the  tax  on 

which  the  owner  shall  be  delinquent.    Any  person  who  shall  conceal 

a  dog  for  the  purpose  of  avoiding  the  provisions  of  this  section  shall 

Fine.  pay  a  fine  often  dollars,  recoverable  before  any  justice  in  and  for 

the  county,  with  costs. 

8.  Every  such  sheriff  or  constable  receiving  such  lists  as  are 
mentioned  in  the  two  preceding  sections,  shall  settle  and  pay  over, 
on  or  before  the  first  day  of  January  of  each  year,  to  the  persons 
appointed  to  receive  the  same,  all  moneys  due  from  the  said  tax  on 
dogs  of  the  preceding  year,  after  deducting  the  delinquents  and 
commission  of  seven  and  a  half  per  centum ;  and  they  shall  make 

Returns,  how  to  due  return  to  the  county  courts  of  the  March  term  of  each  year,  of 
the  manner  in  which  they  have  discharged  their  duties  respecting 
the  same,  and  shall  be  liable  for  the  tax  assessed  upon  every  dog 
enumerated  in  such  lists  as  they  shall  fail  to  return  a  satisfactory 
account  of  to  the  court. 

Fee  for  killing     9.     The  constable  shall  receive  fifty  cents  for  every  dog  they  may 

HOW' paid,  kill  under  the  provisions  of  the  eighth  section,  to  be  paid  out  of  the 
dog  tax,  or  county  levy,  and  they  and  their  securities  shall  be  liable 
on  their  official  bonds,  upon  motion  in  said  courts,  for  any  money 
received  by  them,  or  which  they  may  be  liable  to  pay  by  virtue  of 
this  act. 

10.     The  commissioners  of  the  revenue  and  clerks  shall  be  allowed 

FCC  for  labor  in  a  reasonable  compensation  for  their  labors  in  listing  and  furnishing 

listing  and   fur- 

n«hing  copies  of  C0pie8  Of  \{B^  to  the  sheriffs  and  constables,  to  be  fixed  by  the  courts 

of  the  several  counties. 

HOW  money  »ri-     11.     The  money  arising  from  the  said  tax  on   dogs,  shall,  after 
dog8  defraying  the  expenses  of  the  execution  of  the  said  law,  so  far  as 


ACTS  OF  THE  GENERAL  ASSEMBLY.  47 

may  be  necessary,  shall,  by  an  order  of  the  county  court,  upon  sat 
isfactory  evidence  be  applied  to  the  payment  of  the  owners  of  all 
sheep  killed  by  dogs :  provided  however,  that  applicants  applying  Proviso, 
to  be  paid  for  sheep  so  killed,  shall  be  required  to  state  under  oath, 
that  the  same  was  not  killed  by  their  own  dogs ;  the  money  remain 
ing  shall  be  applied  to  county  purposes. 

12.     This  Act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  62.  —  An  ACT  to  amend  and  re-enact  an  act  passed  the  28th 
day  of  March,  1861,  amending  and  re-enacting  the  seventh  sec 
tion  of  the  one  hundred  and  sixty-fifth  chapter  of  the  Code. 

Passed  February  3,  1863. 

1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the  Section  seren  of 
seventh  section  of  the  one  hundred  and  sixty-fifth  chapter  of  the  mendod  and  re. 


Code  of  Virginia  be  amended  and  re-enacted  so  as  to  read  as  follows: 
"§7.  Such  attorney  in  any  county  or  corporation  court  shall  be 
allowed  by  the  court,  such  sum  as  it  deems  reasonable  for  public  ser 
vice  (for  which  no  other  fee  or  reward  is  allowed  by  law)  which 
shall  be  chargeable  to  such  county  or  corporation,  and  in  the  circuit 
court  shall  be  allowed  by  it,  where  the  attorney  has  no  annual  sal 
ary,  such  sums  as  it  deems  reasonable,  not  exceeding  in  one  year, 
one  hundred  and  fifty  dollars  in  the  circuit  court  of  the  county  and 
city  of  Norfolk,  and  one  hundred  dollars  in  any  other  circuit  court, 
except  that  additional  allowances  may  be  made  by  such  courts  for 
services  rendered  at  special  terms;  and  except  that  the  attorney 
for  the  circuit  court  of  the  city  of  Richmond  shall  hereafter  receive 
annually  the  sum  of  five  hundred  dollars;  and  except  also,  that  the 
attorneys  for  the  commonwealth  for  the  circuit  court  of  Ohio  county 
shall  hereafter  receive  annually  the  sum  of  twe  hundred  and  fifty 
dollars,  to  be  paid  half  yearly  as  the  present  allowance  is  directed 
to  be  paid." 

2.  All  acts  and  parts  of  acts  coming  in  conflict  with  the  provis-  AH  acts  or  parts 

,,-,•,  °f  act8  inconsis' 

ions  of  this  act,  are  hereby  repealed.  tent>ith  this  act 

3.  This  act  shall  be  in  force  from  its  passage. 

Commencement. 


CHAP.  63.— An  ACT  for  the  relief  of  the  heirs  of  William  P.  Rath- 
bone,  deceased. 

Passed  February  3,  1863. 

WHEREAS,  William  P.  Rathbone,  late  of  Wood  county,  deceased,  Preamble  * 
omitted  from  his  last  will  any  devise  or  bequest  of  the  bulk   of  his 


48  ACTS  OF  THE  GENERAL  ASSEMBLY. 

estate,  whereby  the  same  has  descended  and  passed,  under  the  pro 
visions  of  the  one  hundred  and  twenty-third  chapter  of  the  Cod« 
of  Virginia,  to  his  surviving  children  and  the  descendants  of  his 
deceased  children  in  parcenary ;  and  whereas,  a  portion  of  his  real 
estate  so  undevised,  consists  of  one  equal  undivided  third  part  of 
about  six  hundred  acres  of  land,  situated  in  Wirt  county,  on  the 
Little  Kanawha  river  and  Burning  Spring  run,  whereof  two  equal 
undivided  third  parts  were  by  said  decedent  in  his  life  time, 
granted  and  conveyed  to  his  sons  J.  Castelli  Rathbone  and  John  V. 
Rathbone,  who  have  since  by  deeds,  duly  recorded  in  Wirt  county, 
bearing  date  on  the  second  day  of  January  in  the  year  one  thousand 
eight  hundred  and  fifty-four,  made  partition  as  between  themselves, 
so  that  each  is  now  owner  of  two  equal  undivided  third  parts  of  a 
designated  moiety  of  the  said  six  hundred  acres  of  land;  and 
whereas,  the  said  land  is  the  principal  locality  of  petroleum  yet 
discovered  in  this  state,  and  during  the  life  time  of  the  said  dece 
dent  he  joined  with  his  sons  above  named,  in  several  leases  of  oil 
rights,  having  still  about  eighteen  years  to  run,  on  various  parts  of 
the  said  land,  which  consists  of  detached  parcels,  and  it  is  unknown 
whether  extensive  portions  of  the  said  land,  on  which  no  wells  have 
yet  been  bored,  will  yield  petroleum,  or  in  what  quantities;  and 
whereas,  the  heirs  of  the  said  decedent  comprise  children,  grand 
children  and  great  grand-children,  some  of  the  second,  and  all  of  the 
last  being  minors  under  the  age  of  twenty-one  years,  and  residing  in  the 
state  of  New  York  and  in  England ;  and  whereas,  a  partition  in  kind 
of  the  said  land  cannot  be  equitably  made,  and  a  sale  of  the  same 
for  the  purpose  of  effecting  a  partition  would  be  injurious  to  the 
interests  of  all  the  said  heirs,  and  particularly  of  said  minors,  and 
unless  some  arrangement  can  be  speedily  made  by  which  the  pe 
troleum  and  other  products  of  the  said  land  can  be  availed  of,  all 
of  them  will  remain  without  any  considerable  increase  therefrom 
and  the  public  be  deprived  of  the  benefits  of  a  valuable  production; 
and  whereas,  the  said  John  V.  Rathbone  heretofore  agreed  to  grant 
and  convey  to  Johnson  N.  Carnden  and  other  parties  hereinafter 
named,  one-half  of  his  undivided  two-thirds  of  a  moiety  of  the 
said  land,  all  of  whom,  except  the  said  Camden  and  John  J.  Jack 
son,  Jr.,  are  now  in  the  service  of  the  so-called  confederate  states, 
or  voluntarily  residing  within  their  actual  jurisdiction  and  yielding 
them  allegiance,  the  greater  portion  of  their  agreed  purchase  money 
being  unpaid,  and  their  purchase  subject  to  sale  under  their  ven 
dor's  lien;  and  whereas,  the  adult  heirs  of  the  said  decedent,  inclu 
ding  the  said  J.  Castelli  Rathbone  and  John  V.  Rathbone,  and  the 
guardian  and  father  and  grand-father  of  the  said  minor  heirs,  act- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  49 

ing  on  this  behalf  so  far  as  he  may,  as  to  their  respective  interests 
in  the  said  land,  and  the  said  J.  Castelli  Rathbone  as  to  his  undivi 
ded  two-thirds  of  a  moiety  of  the  said  land,  have  agreed  to  form 
and  constitute  a  joint  stock  company  for  the  better  management 
and  improvement  of  their  interests  and  estate  in  said  land :  and 
whereas,  the  courts  cannot  grant  adequate  relief  in  the  premises, 
Therefore, 

1.  Be  it  enacted  by  the   General   Assembly    of  Virginia,  That 
James  Cook,  John  R.  Murdock,   and  Hugh  P.  Dills,  are  hereby  ap 
pointed  commissioners  to  set  off  by  metes  and  bounds,  and  to  allot  Commissioners, 
to  the  said  John  V.  Rathbone  and  his  said  vendees,  to-wit :  Johnson 

N.  Oamden,  John  J.  Jackson,  jr.,  William  J.  Bland,  William  L. 
Jackson,  Gideon  D.  Camden,  R.  S.  Andrews  and  B.  H.  Byrne? 
having  regard  to  quantity  and  quality  and  estimated  value,  two 
equal  undivided  third  parts  of  that  moiety  of  the  above  described 
six  hundred  acres  of  land,  his  interest  in  which  the  said  J.  Castelli 
Rathbone  partitioned,  granted  and  released  to  the  said  John  V. 
Rathbone,  as  aforesaid,  and  in  a  like  manner  set  off  and  allot  to 
the  Rathbone  Petroleum  company,  hereby  incorporated,  the  residue 
of  the  said  six  hundred  acres  of  land. 

2.  Upon  the  completion  of  the  partition  and  allotment  hereby 
authorized  and  directed,  the  said  commissioners  shall  cause  to  be  Commissioners 
prepared   a  sufficient  deed  or   deeds  granting  and  assuring  to  the 

parties  to  whom  said  land  shall  be  so  partitioned  and  allotted,  their 
respective  portions  and  parcels  thereof  with  proper  covenants  of 
warranty  and  relinquishment  of  dower;  upon  the  execution  and 
acknowledgment  for  record  whereof  by  or  on  part  of  all  the  adult 
heirs  of  the  said  decedent,  their  wives  and  husbands,  and  by  the 
commissioner  first  named  in  the  preceding  section,  who  is  also  ap 
pointed  a  commissioner  for  this  latter  purpose  for  and  on  behalf  of 
all  minor  heirs  of  the  said  decedent,  and  also  for  and  on  behalf  of 
the  vendees  of  the  said  John  V.  Rathbone,  their  heirs  and  assigns, 
to-wit:  Johnson  N.  Camden,  John  J.  Jackson,  jr.,  William  J.  Bland, 
William  L.  Jackson,  Gideon  D.  Camden,  R.  S.  Andrews,  and  B.  H. 
Byrne,  the  partition  and  allotment  hereby  authorized  and  directed 
shall  be  binding  in  law  and  equity  on  all  the  parties  thereto,  but 
without  prejudice  to  the  rights  of  any  other  person  or  persons. 

3.  The  said  heirs,  to-wit :   J.  Castelli  Rathbone,  John  V.  Rath- 
bone,  Samuel  B.  Rathbone,  William  Van  Allen  Rathbone,  Ellen  S. 
Frost  (wife  of  Daniel  Frost),  Rathbone  Van  Winkle,  Godwin  Van 
Winkle,  Mary  V.  Blackford  (wife  of  J.  Graham  Blackford),   Hoff 
man  Atkinson,  Edward  S.  Atkinson,  Jerome  Gill  Atkinson,  George 
M.  Atkinson,  John  H.  Morrison,  Mary  A.   Morrison,  and  Richard 

4 


50 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


incorporated. 


Capital  Btock. 


R.  Morrison,  their  respective  executors,  administrators  and  assigns, 
are  hereby  incorporated  into  a  joint  stock  company  by  the  name  of 
the  Rathbohe  Petroleum  Company,  for  the  purpose  of  raising  to 
^Q  surface>  manufacturing,  preparing  for  and  transporting  to  mar 
ket,  selling  and  otherwise  disposing  of  the  mineral  and  other  pro 
ducts  of  their  interest  and  estate  in  the  said  land,  and  may  devise 
-and  lease  for  terms  not  exceeding  twenty-years,  any  parts  or  parcels 
of  their  said  land,  with  the  privilege  to  their  lessee  of  boring  for 
.and  obtaining  therefrom  petroleum  and  other  products  thereof, 
reserving  the  rents  in  kind  or  otherwise.  The  said  company  shall  be 
governed  by  the  provisions  of  the  fifty-sixth  and  fifty-seventh 
chapters  of  the  Code  of  Virginia  (excepting  the  thirty-second  and 
the  first  clause  of  the  thirty-fifth  section  of  the  latter,)  so  far  as 
the  same  are  applicable  and  are  not  inconsistent  with  any  provis 
ions  of  this  act. 

4  The  capital  stock  of  the  said  company  shall  consist  of  one 
thousand  and  fifty  shares  of  one  hundred  dollars  each,  which  shall 
be  apportioned  and  assigned  as  follows,  to-wit  :  to  the  said  J.  Cas- 
telli  Rathbone,  six  hundred  shares;  to  the  said  John  V.  Rathbone, 
Samuel  B.  Rathbone,  William  Van  Allen  Rathbone,  and  Ellen  S. 
Frost,  each  seventy-five  shares;  to  the  said  Rathbone  Van  "Winkle, 
Godwin  Van  Winkle,  and  Mary  V.  Blackford,  each  twenty-five 
shares;  to  Hoffman  Atkinson,  fifteen  shares,  and  to  John  P.  Atkin 
son,  who  is  hereby  appointed  a  trustee  for  the  purposes  of  this  act, 
the  residue  of  the  said  shares,  to  have  and  hold  the  same  in  trust 
for  his  minor  children  and  grand-children  until  they  respectively 
attain  the  age  of  twenty-one  years,  and  then  to  assign  and  transfer 
to  each  the  shares  owned  by  him  or  her,  or  in  the  event  of  the 
death  of  either  before  attaining  such  age,  then  to  assign  and  trans 
fer  the  shares  of  such  decedent  to  his  or  her  heirs,  executors  or  ad 
ministrators,  that  is  to  say:  he  shall  hold  in  trust  as  aforesaid,  for 
the  use  and  benefit  of  his  children,  the  said  Edward  S.  Atkinson, 
Jerome  Gill  Atkinson,  and  George  M.  Atkinson,  each  fifteen  shares, 
and  of  his  grand-children,  the  said  John  A.  Morrison,  Mary  A. 
Morrison,  and  Richard  R.  Morrison,  each  five  shares,  and  the  said 
company  shall  have  power  from  time  to  time,  by  a  majority  of  two- 
thirds  of  the  votes  cast  at  any  annual  or  special  meeting  of  the 
stockholders  thereof,  to  increase  their  capital  stock  by  the  addition 
of  so  many  shares  as  the  same  majority  may  agree  to  allow  and  issue 
for  any  portion  or  portions  of  the  said  six  hundred  acres  of  land, 
not  theretofore  owned  by  them,  which  may  be  duly  granted  and 
conveyed  to  them,  and  may  hold  and  use  the  land  so  acquired,  for 
the  purposes  of  this  incorporation.  At  all  general  meetings  and 


ACTS  OF  THE  GENERAL  ASSEMBLY.  51 

elections  each  stockholder  may  in  person  or  by  proxy,  cast  one  vote 
for  each  share  of  stock  owned  by  him  or  her,  and  the  said  trustee 
may  in  like  manner,  cast  one  vote  for  each  share  of  stock  held  by 
him  in  trust,  as  aforesaid. 

5.  For  the  purpose   of  facilitating  the  transportation  of  their 
productions  and  ['manufactures  to  market,  the  said  company  may 

'  -,!•-,  Said  company 

procure,  own  and  use  such  steam  and  other  vessels  and  vehicles  as  authorised  to  use 

,  ,  ,          .,  steam  and  other 

they  may   deem  necessary;  they  may  also  subscribe  lor,  purchase resseis  and  re- 

,  ,,,,  . .     ,  ,        ,,  ~  hides   necessary 

and  own  such  amount  01  the  capital  stock  ol  any  company  incorpo- for  their  business 

ted  for  the  purpose  of  improving  the  navigation  of  the  Little  Ka- 

nawha  river,  or  for  constructing  a  railroad  or  turnpike  to  or  from 

the  land  owned  by  them,  as  may  be   authorized  by   two-thirds  of 

the  votes  cast  at  any  annual  or  special  meeting  of  the  stockholders, 

but   the  said  company  shall  not  purchase  or  hold  any  other  land 

than  is  herein  authorized,  except  so  much   as  may  be  necessary  for 

sites  for  their  manufactories,  work-shops,  warehouses,  yards  for  the 

storeage  of  their  products,  and  wharves  for  the  use  of  the  vessels 

owned  or  employed  by  them. 

6.  This  act  shall  be  in  force  from  its  passage,  but  is  to  be  sub-  Commencement. 

-,  P  Mfty  be  altered. 

ject  to  be  altered,  amended  or  repealed  by  any  future  legislature,  amended  or  re- 


CHAP.  64. — An  ACT  imposing  Taxes  for  the  Support  of  the  Gov 
ernment. 

Passed  February  3,  1863. 

TAXES. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  taxes  on  Taxe3 
the  persons  and  subjects  in  this  act  mentioned,  or  required  by  law  to 

be  listed  or  assessed,  shall  be  yearly,  as  follows : 

On  Lands  and  Lots. 

On  tracts  of  lands  and  lots,  with  the  improvements  thereon,  not  Amount  of  taxa- 
exempt  from  taxation,  thirty  cents  on  every  hundred  dollars  value 
thereof;  and  herein  shall  be  included  all  tracts  of  lands  and  lots, 
with  the  improvements  thereon,  not  exempt  from  taxation,  of  incor 
porated  joint  stock  companies,  savings  institutions  and  insurance 
companies. 

On  Personal  Property. 

2.  On  all  of  the  personal  property,  moneys  and  credits  required 

by  law  to  be  listed  and  not  exempt  from  taxation,  except  slaves,  ----™—-D""- 


thirty  cents  on  every  hundred  dollars   value  thereof;  and  herein  nSs  and  cram*, 
shall  be  included  all  the  capital  invested  or  used  in  any  manufac* 


52  ACTS  OF  THE  GENERAL  ASSEMBLY. 

tnring  business  except  gas  companies,  where  the  assessment  shall  be 
on  the  value  of  such  property  invested  or  employed  in  any  trade  or 
business  except  agriculture,  for  which  no  license  is  required,  and  all 
the  personal  property  and  moneys  of  incorporated  joint  stock  com 
panies,  except  the  moneys  and  personal  property  that  constitute  part 
of  the  capital  of  the  banks,  and  except  the  moneys  and  personal 
property  of  savings  institutions  and  insurance  companies  which  have 
declared  dividends  within  one  year  preceding  the  first  day  of  Feb 
ruary  ;  and  the  words  "moneys  and  credits"  shall  be  construed  to 
include  all  moneys  and  credits  owned  by  any  resident  in  this  state, 
whether  such  moneys  or  credits  are  within  or  without  the  state. 

On  Slaves. 

Onsiavee.  3.     On  every  slave  over  twelve  years  of  age,  whether  exempted 

from  county  levy  in  consequence  of  bodily  infirmity  or  not,  ninety 
cents;  and  herein  shall  be  included  all  slaves  over  twelve  years  of 
age,  owned  or  hired  by  any  company,  institutions  or  persons  what 
soever. 

On  Free  Negroes. 

On  free  negroes.  4.  On  every  male  free  negro  who  has  attained  the  age  of  twenty- 
one  years,  sixty  cents. 

White  Males. 

White  males.  5.  On  every  white  male*inhabitant  who  has  attained  the  age  of 
twenty-one  years,  sixty  cents. 

On  Public  Bonds. 

Public  boi.ds.  6.  On  the  interest  or  profit  which  may  have  been  received  by  any 
person,  or  converted  into  principal  so  as  to  become  an  interest  bearing 
subj  ect,  or  otherwise  appropriated,  within  the  year  next  preceding  the 
first  day  of  February  of  each  year,  arising  from  bonds  and  certificates 
of  debt  of  this  or  any  other  state  or  country,  or  of  any  corporation 
created  by  this  or  any  other^state,  whether  the  stock  of  such  com 
pany  be  exempt  from  taxation  or  not,  five  per  centum. 

Dividends  of  Savings  Institutions  and  Insurance  Companies. 

DiTidends  of  sa-      7.     On  the  dividends  declared  within  the  year  preceding  the  first 

Tings       institu-  ,  ^-ni  t  •  •       t  •  t     L-  ^     • 

tions  and  insu- day  of  February,  by  savings  institutions  and  insurance  companies, 
168  to  be  paid  by  such  institutions  and  companies  into  the  treasury  re 
spectively,  five  per  centum. 

On  Incomes  and  Fees. 

Incomes  and.feee  8.  On  the  income  or  fees  received  during  the  year  preceding  the 
first  day  of  February  of  each  year,  in  the  consideration  of  the  dis 
charge  of  any  office  or  employment  in  the  service  of  the  state,  or  in 
consideration  of  the  discharge  of  any  office  or  employment  in  the 
service  of  any  corporation,  or  in  the  service  of  any  company,  firm, 
or  person,  except  where  the  service  is  that  of  a  minister  of  the  gospel, 


ACTS  OF  THE  GENERAL  ASSEMBLY.  53 

three-fourths  of  one  per  centum  if  the  same  be  more  than  two  hun 
dred  and  fifty  dollars  and  not  more  than  five  hundred  dollars,  one 
per  centum  if  the  sum  be  more  than  five  hundred  dollars  and  not 
more  than  a  thousand  dollars  ;  and  one  and  a  half  per  centum  if  theTax  pftyabie  by 
sum  be   over  one  thousand    dollars.     The  tax  payable  under 
section  by  an  officer  of  the  government  receiving  a  salary  out  of 
treasury,  shall  be  deducted  at  the  time  the  salary  is  audited  and8*1*1"7' 
paid. 

Bridges  and  Ferries. 

9.  On  the  yearly  rent  or  annual  value  of  toll  bridges  and  ferries  ToU bridges  and 
other  than  those  toll  bridges  and  ferries  exempt  by  their  charter ferries- 
from  taxation,  four  and  a  half  per  centum. 

ON     LICENSES. 

Ordinaries. 

10.  The  tax  on  licenses  shall  be  as  follows : 

On  a  license  to  keep  an  ordinary  or  house  of  public  entertainment,  jjjngcj'if8  ub?id 
thirty  dollars;  and  if  the  yearly  value  of  such  house  and  furnitureentertainment- 
exceeds  one  hundred  dollars  and  is  less  than  two  hundred  dollars, 
the  tax  shall  be  forty  dollars;  and  if  the  yearly  value  thereof  exceeds 
two  hundred  dollars,  there  shall  be  added  to  the  last  mentioned 
sum  twelve  per  centum  on  so  much  thereof  as  exceeds  two  hundred 
dollars. 

Private  Entertainment  and  Houses  of  Public  Resort. 

11.  On  a  lincense  to  keep  a  house  of  private  entertainment  or  a  Houses  of  pri- 
private  boarding  house,  five  dollars;  and  if  the  yearly  value  of  such  meat  and  public 
house  and  furniture  exceeds  fifty  dollars  and  is  less  than  one  hun 
dred  dollars,  the  tax  shall  be  ten  dollars.     If  the  yearly  value  there 
of  exceeds  one  hundred  dollars,  there  shall  be  added  to  the  last 
mentioned  sum,  eight  per  centum  on  so  much  thereof  as  exceeds  one 
hundred  dollars.     But  no  house  shall  be  deemed  a  private  boarding 

house  with  less  than  five  boarders. 

Eating  Houses. 

12.  On  every  license  to  keep  a  cook-shop  or  eating-house,  fifte en  cook  shops  and 
dollars;  and  in  addition  thereto  twelve  per  centum  on  so  much  ofea1 

the  yearly  value  thereof  as  exceeds  one  hundred  dollars. 
Bowling  Alleys  and  Billiard  Tables. 

13.  On  every  license  permitting  a  bowling  alley  or  saloon  to  be  Bowling  alleys, 
kept  for  a  year,  fifty  dollars;  provided  that  where  there  is  more 

than  one  such  alley  kept  in  any  one  room,  fifteen  dollars  each  shall 
be  charged  for  the  excess  over  one. 

14.  And  on  every  license  permitting  a  billiard  table  to  be  kept  Biiiiard  tables. 
for  a  year,  one  hundred  dollars ;  provided  that  where  there  is  more 

then  one  such  table  kept  in  any  one  room,  fifty  dollars  each  shall  be 


54 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Livery  stables. 


Distilleries. 


charged  for  the  excess  over  one  table:  provided  that  if  such  billiard 
table,  bowling  alley  or  saloon  is  not  kept  open  more  than  four 
months  in  any  one  year,  the  taxes  thereon  shall  be  only  one-half  of 
these  rates. 

Bagatelle  Tables. 

Bagatelle  tables.  15.  On  every  license  permitting  a  bagatelle  or  other  like  table 
to  be  kept  for  one  year  or  any  less  time,  twenty  dollars  for  the  first, 
and  if  more  than  one,  ten  dollars  for  the  second,  and  five  dollars  for 
each  additional  table  kept  in  the  same  house. 

Livery  Stables. 

16.  On  every  license  to  a  keeper  of  a  livery  stable,  seventy-five 
cents  for  each  stall  thereof;  and  therein  shall  be  included  as  stalls, 
such  space  as  may  be  necessary  for  a  horse  to  stand,  and  in  which  a 
horse  is  or  may  be  kept. 

Distilleries. 

17.  On  every  license  to  the  proprietor  of  a  distillery,  if  a  begin 
ner,  the  tax  shall  be  fifteen  dollars ;  and  if  said  distillery  is  to  be 
kept  in  operation  as  much  as  four  months  in  the  year,  the  tax  shall 
be  twenty-five  dollars;  if  for  six  months,  thirty  dollars;  if  for  nine 
months,  forty-five  dollars;  if  for  a  longer  time  than  nine  months, 
seventy-five  dollars ;  and  if  such  distillery  has  been  kept  in  opera 
tion  as  much  as  four  months  in  the  year  next  preceding  the  time  of 
obtaining  such  license,  the  proprietor  thereof  shall  pay,  in  addition 
to  the  tax  imposed  on  beginners,  four-tenths  of  one  per  centum  on 
the  amount  of  sales  of  such  distillery  for  the  twelve  months  next 
preceding  the  time  of  obtaining  such  license. 

Merchants. 

18.  On  every  license  to  a  merchant  or  mercantile  firm,  where  a 
specific  tax  is  to  be  paid,  forty-five  dollars :  provided  that  if  the 
capital  employed  by  said  merchant  or  firm  be  shown  by  affidavit  to 
be  less  than  five  hundred  dollars,  the  tax  to  be  paid  shall  be  eight 
dollars ;  but  this  provision  shall  not  authorize  any  such  person  to 

Sale  of  liquors,  sell  wine,  ardent  spirits  or  a  mixture  thereof;  and  when  the  tax  is 
in  proportion  to  the  sales,  if  the  table  sales  shall  be  under  one  thou 
sand  and  one  dollars,  the  tax  shall  be  fifteen  dollars;  if  one  thou 
sand  and  one  and  under  fifteen  hundred  dollars,  eighteen  dollars; 
if  fifteen  hundred  dollars  and  under  twenty-five  hundred  dollars, 
twenty-four  dollars;  if  twenty-five  hundred  dollars  and  under  five 
thousand  dollars,  thirty-six  dollars;  if  five  thousand  dollars  and 
under  ten  thousand  dollars,  fifty-seven  dollars;  if  ten  thousand  and 
under  fifteen  thousand  dollars,  seventy-two  dollars;  if  fifteen  thou 
sand  and  under  twenty  thousand  dollars,  eighty-four  dollars;  if 
twenty  thousand  and  under  thirty  thousand  dollars,  one  hundred 


Merchants. 


ACTS   OF  THE  GENERAL  ASSEMBLY.  55 

and  five  dollars;  if  thirty  thousand  and  under  fifty  thousand  dol 
lars,  one  hundred  and  fifty-six  dollars ;  if  over  fifty  thousand  dollars ; 
eight  dollars  for  every  ten  thousand  dollars  excess  over  the  said  sum 
of  fifty  thousand  dollars. 

Merchants  Permission  to  Sell  Liquor. 

19.  4  And  in  every  case  in  which  the  license  to  a  merchant  or  liquor, 
.mercantile  firm  includes  permission  to  sell  wine,  ardent  spirits  or  a 
mixture  thereof,  porter,  ale  or  beer,  by  wholesale  and  retail,  or  by 
retail  only,  if  such  merchant  or  firm  (commencing  business  for  the 
first  time)  sell  by  wholesale  and  retail,  an  additional  tax  of  seventy- 
five  dollars;  and  if  by  retail  only,  thirty  dollars  ;  and  if  such  license 

be  to  a  merchant  or  mercantile  firm  to  continue  the  privilege  of  sell 
ing  wine,  ardent  spirits  or  a  mixture  thereof,  porter,  ale  or  beer,  if 
by  wholesale  and  retail,  or  by  retail  only,  the  tax  shall  be  three- 
fourths  of  one  per  centum  on  the  amount  of  such  sales  for  the  year 
next  preceding  the  time  of  obtaining  said  license,  in  addition  to  the 
specific  tax  imposed  on  beginners;  but  such  sales  shall  not  be  esti 
mated  in  ascertaining  the  amount  of  a  merchant's  license. 

Merchant  Tailors,  Lumber  Merchants,  Ice  and  Fuel  Dealers. 

20.  Merchant  tailors,  lumber  merchants,  dealers  in  coal,  ice  or  fu^be^mer-01"3 
wood,  shall  obtain  license  as  merchants,  and  be  assessed  and  taxed  c         and  fuel 
thereon  as  otfier  merchants  are  by  the  preceding  sections  of  this  act, 

snd  shall  be  subject  to  like  penalties  for  conducting  such  business 
without  a  merchant's  license. 

Commission  or  Forwarding  Merchants,    Tobacco  Auctioners  or  Ship 

Brokers. 

21.  The  tax  on  every  license  to  a  commission  merchant,  forward- 
ing  merchant,  tobacco  auctioner  or  ship  broker,  shall  be  thirty  dol- 
lars,  if  commencing  business  ;  and  if  to  continue  such  business  after 
the  same  has  been  carried  on  for  a  year,  the  tax  on  such  lincese  shall 
be  one  and  one-half  per  centum  on  the  amount  of  commissions  re 
ceived  ;  and  this  tax  shall  be  in  addition  to  such  tax  as  may  be  im 
posed  on  a  license  to  such  merchant  or  firm  to  sell  any  goods,  wares 
or  merchandize. 

Auctioneers. 

22.  On  every  license  to  an  auctioneer  or  vendue  master  com-  Auctioneers, 
mencing  business,  twenty  dollars;  and  if  the  place  of  business  be  in 

a  town  containing  a  population  of  three  thousand  inhabitants,  twen 
ty-five  dollars;  if  the  population  exceeds  three  thousand,  an  addi 
tional  tax  of  twelve  dollars  for  every  thousand  persons  above  that 
number,  and  at  that  rate  for  any  fractional  excess  less  than  one 
thousand;  and  said  specific  tax  shall  in  no  case  exceed  three  hun 
dred  dollars.  On  every  license  to  an  auctioneer  who  deals  exclu- 


56  ACTS  OF  THE  GENERAL  ASSEMBLY. 

sively  in  real-estate,  one  hundred  and  eighty-eight  dollars,  and  he 
shall  have  the  right  to  sell  real-estate  at  auction  or  otherwise.  On 
every  license  to  an  auctioneer  or  vendue  master  to  continue  the  busi 
ness  after  the  same  has  been  carried  on  for  a  year,  three-fourth  of 
one  per  centum  on  the  amount  of  taxable  sales  of  such  auctioneer  or 
vendue  master,  but  in  no  case  shall  the  tax  on  such  sales  exceed 
seven  hundred  and  fifty  dollars;  provided  the  tax  to  be  paid  by 
auctioneers  for  the  sale  of  molasses  and  sugar,  shall  in  no  case  ex 
ceed  four  hundred  dollars  for  such  sales;  but  the  tax  on  sales  of 
other  articles  shall  not  be  affected  by  this  provision. 
Sample  Merchants. 

Sample  merch'ts  23.  On  every  license  to  a  person  selling  goods  by  sample,  card 
or  otherwise,  except  at  some  storehouse  or  place  of  trade,  one  hun 
dred  and  fifty  dollars ;  but  such  sales  made  at  such  storehouse  shall 
subject  the  person  doing  business  at  such  storehouse  to  the  tax  re 
quired  to  be  paid  by  a  merchant. 

Patent  Eights  and  Patent  Medicines. 

Patent  rights.        24.     On  every  license  to  sell  or  barter  patent  rights,  twenty  dol- 

PatentMedicines  lars ;  patent,  specific  or  quack  medicines,  if  by  wholesale,  forty  dol 
lars;  if  by  retail  only,  twenty  dollars,  unless  he  have  a  merchant's 
license. 

Agents  for  Panting  Houses  and  Hiring  Ncgroe$. 

rent"      ^'     ^n  eveiT  license  to  a  person  engaged  as  agent  for  the  renting 
of  houses,  twenty  dollars. 

Agents  for  hiring      26.     On  every  license  to  a  person  engaged  as  agent  for  the  hiring 

negroes.  J 

or  negroes,  forty  dollars. 

Stallions. 

asses?"8  &nd  27-  On  eveiT  license  to  the  owner  of  a  jackass  or  stallion,  for 
the  service  of  which  compensation  is  received,  twice  the  amount  of 
such  compensation,  when  the  charge  is  for  such  service  by  the  sea 
son;  and  where  such  services  are  for  less  than  a  season,  then  twice 
what  a  commissioner  may  judge  to  be  a  reasonable  charge  therefor. 
The  tax,  however,  in  no  case  to  be  less  than  ten  dollars. 

Theatrical  Performances,  Sale  of  Refreshments  in  Theatres. 

Theatrical  per-  28.  On  every  license  permitting  theatrical  performances,  public 
show,  exhibition,  concert  or  other  performance  in  a  public  theatre  or 
elsewhere,  six  dillars  each  week  of  such  performances,  notwithstand 
ing  the  owner  of  the  place  of  exhibition  shall  have  paid  the  license 
tax  above  required. 

Refreshments  in  29.  On  every  license  permitting  the  sale  of  refreshments  in  a 
theatre  during  such  performances,  seventy-five  dollars  for  each  place 
of  sale,  and  no  abatement  shall  be  made  if  the  privilege  be  exercised 
for^a  period  less  than  one  year. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  57 

Public  Rooms  and  Shows. 

30.  ,0n  every  license   permitting  the  proprietor  or  occupier  of  Public  rooms, 
any  public  room  fitted  for  public  exhibitions,  to  use  the  same  for 

such  purposes  for  a  year,  fifteen  dollars,  if  such  room  be  in  a  town  of 
less  than  five  thousand  inhabitants;  thirty  dollars  if  in  a  town  of 
more  than  five  thousand  and  less  than  ten  thousand  inhabitants ;  and 
forty-five  dollars  in  all  other  towns;  and  in  addition  to  these  rates 
there  shall  be  added  to  said  license  tax  thirty  cents  on  every  hun 
dred  dollars  value  of  such  rooms  or  buildings,  provided  such  rooms 
and  buildings  are  not  otherwise  assessed. 

31.  On  every  license  permitting  any  public  show,  exhibition  or  Shows, 
performance,  except  where  held  in  a  room  licensed  under  the  pro 
visions  of  the  preceding  section  of  this  act,  if  in  a  corporate  town, 

or  if  within  five  miles  thereof,  for  each  time  of  performance,  ten  dol 
lars  ;  if  elsewhere,  five  dollars  ;  and  for  every  exhibition  of  a  circus, 
if  within  a  corporate  town,  or  within  five  miles  thereof,  thirty  dollars ; 
if  elsewhere,  fifteen  dollars;  and  for  every  exhibition  of  a  menagerie, 
if  within  a  corporate  town,  or  five  miles  thereof,  thirty  dollars;  if  else 
where,  fifteen  dollars.  All  such  shows,  exhibitions  and  performan- 
ces,  whether  under  the  same  canvas  or  not,  shall  be  construed  to 
require  a  separate  license  therefor,  and  upon  any  such  shows,  exhi 
bitions,  and  performance  being  concluded,  so  that  an  additional  fee 
for  admission  be  charged,  the  same  shall  be  construed  to  require  an 
additional  license  therefor. 

Porter,  Ale  and  Beer. 

32.  On  every  license  to  sell  by  retail,  porter,  ale  or  beer,  when  porter,    Ale  or 
in  a  city  or  town  the  population   of  which  is   over  eight   hundred, 

fifteen  dollars;  and  all  other  places,  ten  dollars,  and  if  they  continue 
for  more  than  one  year,  an  additional  tax  of  three-fourths  of  one 
per  centum  on  the  amount  of  taxable  sales. 

Stock  Brokers. 

33.  On  every  license  to  a  broker  who  deals  exclusively  in  stocks,  stock  Brokers. 
one  hundred  and  eighty-eight  dollars;  and  he  shall  thereupon  have 

the  right  to  sell  the  said  stocks  at  auction  or  otherwise. 
Bank  JVote.  Brokers. 

34.  On   every  license   to  a  broker  employing   a  capital   of  tenBank  Note  Bro- 
thousand  dollars,  or  a  less  sum,  two   hundred  dollars;  on  all  sumskers> 

over  ten  thousand  dollars,  two  per  centum  on  the  capital  employed. 
Foreign  Insurance  Companies. 

35.  On  every  license  to  an  agent  or  sub-agent  of  any  insuranceForeign     Ingn. 
company  not  chartered  by  this  state,  fifty  dollars;  and  in  addition rance;eompanies 
thereto  a  tax  of  one-half  of  one  per  centum  on  the   whole  amount 

of  premiums  received  and  assessments  collected  by  such  agent  or 
sub-agent  or  company  within  the  state  as  prescribed  by  law. 


58  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Physicians,  Dentists  and  Lawyers. 

rsri  I)  n    £nmY*Tr 

lists  and  lawyers 


Physicians,  Den-      3^     Qn  everv  license  to  a  physician,  surgeon  or  dentist,  five  dol 


lars;  and  on  every  license  to  an  attorney-at-law,  five  dollars.  If 
the  yearly  income  derived  from  the  practice  of  any  such  callings  or 
profession  during  the  year  next  preceding  the  time  of  obtaining 
such  license  shall  exceed  four  hundred  dollars,  there  shall  be  an 
additional  tax  on  the  excess,  of  three-fourths  of  one  per  centum, 
and  this  income  shall  be  included  in  the  license  tax. 
Dagucrrcan  Artists. 

Daguerrean  Gal-  37.  On  every  license  to  the  owner  of  a  daguerrean  or  such  like 
gallery  by  whatsoever  name  it  may  be  known  or  called,  if  in  a  city 
or  incorporated  town  of  less  than  one  thousand  inhabitants,  ten 
dollars;  if  more  than  one  thousand  inhabitants,  thirty  dollars;  if 
elsewhere,  eight  dollars;  and  if  the  yearly  income  derived  from  the 
practice  of  said  art  exceeds  five  hundred  dollars  in  any  county,  city 
or  town,  an  additional  tax  of  one  and  one-half  per  centum  on  such 
excess  for  the  year  next  preceding  the  time  of  obtaining  euch  li 
cense  ;  and  such  tax  shall  be  imposed  whether  an  artist  perform  in 
a  gallery  or  not. 

Express  Companies. 

Express  Compa.  38.  On  every  license  to  a  person  or  company  carrying  on  an  ex 
press  business  for  compensation,  forty  dollars;  and  in  addition 
thereto,  every  such  company  shall  make  a  return  to  the  auditor  of 
public  accounts  on  the  fifteenth  day  of  January  and  July  in  each 
year  of  the  total  receipts  of  such  company,  on  account  of  its  opera 
tions  within  the  state  of  Virginia  within  the  six  months  preceding 
the  first  day  of  January  and  July  of  each  year.  Such  returns  shall 
be  verified  by  the  oaths  of  the  agent  and  chief  officers  of  such  com 
pany,  at  its  principal  office  or  offices  in  this  state,  in  the  manner  and 
according  to  the  form  prescribed  by  the  said  auditor,  whether  col 
lected  within  or  without  the  state.  Such  express  companies  shall 
pay  on  the  total  receipts  so  reported,  a  tax  of  four  tenths  per  cen 
tum,  except  for  the  transportation  of  bank  notes,  for  which  the  tax 
shall  be  one  eighth  of  one  per  centum  upon  the  amount  of  bank 
notes  transported  over  one  hundred  miles  at  any  one  time,  except 
notes  sent  by  the  banks  and  sheriffs  of  this  commonwealth,  and  for 
failure  to  make  such  report  or  pay  such  tax,  a  penalty  of  six  hun 
dred  dollars  shall  be  imposed  on  the  company  so  failing,  to  be  re 
covered  as  other  penalties  are:  provided,  however,  that  no  license 
to  carry  on  the  express  business  shall  authorize  any  such  company 
to  do  the  business  of  a  broker.  Such  license  shall  give  the  privilege 
throughout  the  state. 

39.     No  express  company  shall  pay  any  tax  on  bank  notes  for- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  59 

warded  for  any  resident  citizen  of  this  common  wealth,  unless  he  be 
a  broker  dealing  in  bank  notes. 

Bank  Dividends. 

40.  On  the  dividends  declared  by  any  bank  incorporated  by  this  Ba^  dividends. 
state,  the  tax  shall  be  five  per  centum  upon  the  amount  thereof,  to 

be  paid  into  the  treasury  by  the  bank.  If  the  dividend  be  that  of 
a  bank  incorporated  elsewhere,  the  tax  shall  be  five  per  centum 
upon  the  amount  thereof,  to  be  assessed  and  collected  as  other  taxes. 

On  Suits. 

41.  When  any  original  suit,  attachment  or  other  action  is  com-  on  suits. 
menced  in  a  circuit,  county  or  corporation   court,  there   shall  be  a 

tax  of  fifty  cents;  if  it  be  an  appeal,  writ  of  error,  or  supersedeas  in 
a  district  court,  two  dollars,  and  if  in  the  court  of  appeals,  two  dol 
lars  and  fifty  cents. 

On  /Seals. 

42.  When  the  seal  of  a  court,  of  a  notary  public,  or  the  seal  of  Seals. 
the  state  is  annexed  to  any  paper,  except   in  those  cases  exempted 

by  law,  the  taxes  shall  be  as  follows;  for  the  seal  of  the  state,  two 
dollars;  for  the  seal  of  a  court  or  a  notary  public  or  any  other  seal, 
fifty  cents;  for  any  other  seal,  one  dollar  and  fifty  cents,  except  in 
cases  of  protests  of  bills  or  notes  for  one  hundred  dollars  or  smaller 
sums,  in  which  cases  the  tax  shall  be  fifty  cents,  and  herein  shall  be 
included  a  tax  on  a  scroll  annexed  to  a  paper  in  lieu  of  an  official 
seal. 

On  Wills  and  Administrations. 

43.  On  the  probate   of  every   will  or   grant  of  administration,  wins  and  admin- 
there  shall  be  a  tax  of  one  dollar. 

Deeds. 

44.  On   every  deed   admitted  to  record,  whether  the  same  hasDeedg 
been   recorded  before   or  not,  which   is  admitted  to   record,  there 
shall  be  a  tax  of  one  dollar. 

Internal  Improvement  Companies. 

45.  Every  railroad  company   or  canal  company  shall  hereafter  internal      im- 
report  quarterly,  on  the  15th  day  of  March,  June,  September  and 
December  in  each  year,  to  the  auditor  of  public  accounts,  the  num 

ber  of  passengers  transported,  and  the  aggregate  number  of  miles 
traveled  by  them  within  this  commonwealth,  the  gross  amount  re 
ceived  by  such  company  for  transportation  of  freight  over  such  road 
or  canal,  or  any  part  thereof,  during  the  quarter  of  the  year  next 
preceding  the  first  day  of  the  month  in  which  such  report  is  made. 
Such  company,  whose  road  or  canal  is  only  in  part  within  the  com 
monwealth,  shall  report  as  aforesaid  such  portion  only  of  such 
amount  received  for  the  transportation  of  freight,  as  the  part  of 


60  ACTS  OF  THE  GENERAL  ASSEMBLY. 

the  said  road  or  canal  which  is  within  this  commonwealth,  bears  to 
the  whole  of  such  road  or  canal. 

46.  Such  statement  shall  be  verified  by  the  oaths  of  the  presi 
dent  and  the  superintendent  of  transportation,  or  other  proper 
officer.  Every  company  failing  to  make  such  report,  shall  be  fined 
five  hundred  dollars.  At  the  time  of  making  such  report,  the 
company  shall  pay  into  the  treasury,  for  every  passenger  transpor 
ted,  a  tax  at  the  rate  of  one  mill  for  every  mile  of  transportation 
of  each  of  such  passengers,  and  a  tax  of  one-third  of  one  per  cen 
tum  of  such  gross  amount  received  for  the  transportation  of  freight. 
Every  such  company  paying  such  taxes,  shall  not  be  assessed  with 
any  tax  on  its  lands,  buildings,  cars,  boats  or  other  property  which 
they  are  authorized  by  lawr  to  hold  or  have.  But  if  such  company 
fail  to  pay  such  taxes  at  either  of  the  terms  specified  therefor,  then 
its  lands,  buildings,  cars,  boats  and  other  property  shall  be  immedi 
ately  assessed  under  the  directions  of  the  auditor  ot  public  ac 
counts,  by  any  person  appointed  by  him  for  the  purpose,  at  its  full 
value,  and  a  tax  shall  at  once  be  levied  thereon  as  on  real  estate 
and  other  property,  to  be  collected  by  any  sheriff  whom  the  auditor 
may  direct,  and  such  sheriff  shall  distrain  and  sell  any  personal 
property  of  such  company,  and  pay  such  taxes  into  the  treasury 
within  three  months  from  the  time  when  such  assessment  is  fur 
nished  to  him. 

Sale  of  Horses  for  profit. 
Sale   of  horses,      47.     On  every  license  to  buy  or  sell  for  others  on  commission  or 

mnles,  asses,  jen 
nets,     cattle,    for   profit,  horses,  mules,    asses  and  iennets,  cattle,  sheep  or    hoes, 

sheep,  or  hogs.  * 

ten  dollars. 

Carriages  and  other  Vehicles. 

On  Carria  esand      ^'     ®n  every  license  to  sell  carriages,  buggies,  barouches,  coaches, 
other  vehicles,    gigs,  wagons,  and  such  like  vehicles,  manufactured  out  of  this  state, 

forty  dollars  in  each  county  or  corporation. 

Sale  of  Slaves. 

Sales  of  slaves.  49.  On  every  license  to  buy  or  sell  for  others  on  commission  or 
for  profit,  slaves,  ten  dollars;  and  on  the  yearly  income  derived 
from  such  business,  an  additional  tax  of  one  per  centum. 

Commencement.      59.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  65. — An  ACT  appropriating  the  Public  Revenue  for  the  fiscal 
year  1862-3,  and  a  part  of  the  fiscal  year  1863-4. 

Passed  February  4,  1863. 

Appropriation  of     1.     Be  it  enacted  by  the  General  Assembly,  That  the  surplus  of 
nue  for  the  fiscal  all  appropriations  made  prior  to  the  30th  September,  1862,  and  any 


ACTS  OP  THE  GENERAL  ASSEMBLY.  61 


and  all  moneys  in  the  treasury  not  otherwise  appropriated  at  the  l^^^lffs  aJ*d 

close  of  the  fiscal  year  ending  September  30th,  1862,  as  well  as  allcal  year  lg€S-4. 

moneys  that  shall  come  into  the  public  treasury,  from  and  after  the 

30th   day  of  September,   1862,  to  the  31st  day  of  December,  1863, 

shall  constitute  a  general  fund  and  be  appropriated  for  the  fiscal 

year  1862-3,  and  for  the  months  of  October,  November  and    De 

cember,  in  the  fiscal  year  1863-4,  as  follows  : 

To  expenses  of  general  assembly  for  the  extra  session   com-  Expenses  of  Gen- 

0  •*  eral  Assembly, 

mencing  on  the  4th  day  of  December,  1862,  including  pay 

of  officers,  printing,  stationery,  &c.,  .  .  $17,000 

To  salaries  of  officers  of  civil  government,  .  .        12,500  ^Jj^J  ^ 

To    expenses  of   the    judiciary,  including  salaries    of   the  eminent. 

judges,  attorneys  of  the  commonwealth,  mileage,  &c.,  10,000  Judiciary. 

To  defray  expenses  of  criminal  charges,  including  witnesses, 

jurors,  and  jailor  fees,  ....  6,000  c^minal    char" 

To  contingent  expenses  of  the  courts  of  the  commonwealth,      5,000  Contingent    ex- 

r  .  penses  of  Courts. 

To  expenses  of  convicts   in  jail  or   other  places,  including  Convicts. 

transportation,  .....  1,500 

To  expenses  of  lunatics  in  jails  or  in  asvlumsin  other  states, 

.       f   ..  ,.  ,        -,        '    -  ,  .  Lunatics. 

including  transportation  and  salary,  in  part,  of  superin 

tendent  of  asylum  at  Williamsburg,  .  .  5,000 

To  salary  of  adjutant  general,  ....  1,200  AdjutantGenerai 

To  public  printer,  .  1,500  Public  Printer. 

To  expenses'  of  elections,      .....          200  Elections. 

To  pay  of  commissioners  of  the  revenue,  10  000  Cp™mis8i°ners 

ft    »  of  Revenue. 

To  expenses  of  coroner's  inquests,  ]nn  Coroner's   in- 

*  quests. 

To  pay  of  clerks  in  auditor's  office,          .  .  .  1,500  Clerlcs  in  Audi- 

r    J  t  tors  office. 

To  pay  of  clerks  in  treasurer  s  office,  .  .  .          200cierksin  Treaa- 

,  ,         ~,  urer's  office. 

To  pay  of  clerks  in  admtant  general  s  omce,       .  625cierks  »»»  ACIJU- 

,     r    J  .•••••.*•  tant  General's 

To  pay  of  janitor  for  executive  s  omce,          .             .             .  400  office. 

To  contingent  expenses  of  the  offices  of  the  auditor,  treasu-  Contingent  ex- 

rer  and  secretary  of  the  commonwealth,  including  station-  tor,"  Treasurer" 

ery,  fuel,  postage,  printing,  books,  &c.,  .  .  2,500  the  cSSSt* 

To>  contingent  expenses  of  the  adjutant  general's  office,  500™ 

To  civil  contingent  fund,         .             .             .  15,000civil  contingent 

fund. 

To  expenses  of  the  convention  which  is  to  assemble  in  the 
city  of  Wheeling  on  the  12th  day  of  February,  1863,  in 
cluding  the  pay  and  mileage  of  its  members,  the  compen 
sation  of  its  officers,  its  printing,  stationery,  fuel,  and  oth 
er  necessary  expenditures,  and  also  including  the  expen 
ses  of  holding  any  elections  which  may  be  ordered  by 
said  convention,  .  x.  -'  .  .  .  7,000  Expenses  of  Con- 

m          i  /•  i.  rri/-.  vention. 

To  salary  of  vaccine  agent,  .         s&fP;         -  .        500  vacci 


62  ACTS  OF  THE  GENERAL  ASSEMBLY. 

feyninStltSfteins'  To  tiie  PrinciPal  of  Linsley  Institute  for  the  use  of  the  build 
ing  during  the  extra  session  of  the  general  assembly, 
commencing  December  4,  1862,  two  dollars  and  fifty  cents 
per  day,  .....  .  .  .  .  157  50 

sick,  wounded  &  To  defray  expenses  of  transporting  sick,  wounded  and  dead 

dead  soldiers  be-  "          ^  .  r.  5 

longing  to  vir-      soldiers  belonging  to  Virginia  regiments  who  are  unable 
to  pay  their  transportation  from  the  fated  field  or  hospi 
tal,  to  their  homes,  said  fund  to  be  at  the  disposal  of  the 
governor  of  the  commonwealth,  .  .  .  2,000 

Sei-geant-at-^^  ^o  sergeant-at-arms  of  the  house  of  delegates  for  expenses 
of  Delegates.          incurred  in  preparing  the  hall  for  the  use  of  the  house  of 
delegates,  including  cleansing  and  replacing  carpets,  re 
moving  and  replacing  furniture,  and  use  or  hire  of  same,     75  00 
Mrs.  Tompkins.  To  pay  Mrs.  Tompkins  for  extra  labor  in  the   hall  of  the 

house,  .  .  .  .  .  .  50  00 

tokinctincarendot  ^°  exPense   °^  collecting   together,  putting  in    order  and 
the  arms  of  the      taking  care  of  the  arms  of  this  commonwealth,  to  be  al- 

Commonwealth.  °  ' 

lowed  by  the  auditor,  upon  the  certificate  of  the  governor,     1,000 
cierk  of  Senate   ^°  ^e  clei>k  °f  the  senate,  in  addition  to  his  present  com 
pensation,  .  .  .  .  .  50  00 
who  not  entitled      2.     Be  it  further  enacted,  that   no  judge,  attorney  for   the  com- 
ceivea'ny  money  nionwealtli,  or  other  officer  in  state  service,  who  has  not  taken  the 
actTirtue  °f  thi8  oath  required  by  the  ordinance  for  the  re-organization  of  the  state 
government,  or  who,  after  taking  and  subscribing  such  oath,  shall,  by 
any  overt   act  or  by  writing  or  speaking,    support  and  uphold   or 
attempt  to  support  and  uphold  the  usurped  government  at  Rich 
mond,  or  the  pretended  government  of  the  so-called  confederate 
states,  shall  not  be  entitled  to  claim  or  receive  any  money  by  virtue 
of  this  act. 

3.     Be  it  further  enacted,  that  the  unexpended   surplus  of  all 

appropriations  made  in  the  first  section  of  this  act,  remaining  in 

What  moneys    the  treasury  on  the  first  day  of  January,  1864.  and  all  moneys  that 

shall    constitute  .   J .  \          .  J'  .    .  J, 

a  general  fund,  may  remain  in  the  treasury,  by  virtue  of  the  provisions  of  the  sec 
ond  section  of  an  act  passed  February  4,  1863,  entitled  "an  act 
making  an  appropriation  to  the  proposed  new  state  of  West  Vir 
ginia,"  as  also  all  moneys  now  due  from  the  United  States  to  the 
state  for  expenses  incurred  for  military  purposes,  (when  collected 
and  paid  into  the  treasury  by  the  governor,)  shall  constitute  a  gen 
eral  fund  to  defray  such  expenses  authorized  by  law,  as  are  not 
herein  particularly  provided  for,  and  to  defray  the  current  expenses 
of  the  commonwealth  for  that  portion  of  the  fiscal  year  ending 
Sept.  30,  1864,  not  herein  specifically  provided  for. 

Commencement.      4.     This  act  shall  be  in  force  from  itB  paseage* 


ACTS  OF  THE  GENERAL  ASSEMBLY.  63 


CHAP.  66. — An  ACT  authorizing  the   Governor  to  arrest  disloyal 
persons  as  hostages. 

Passed  February  4,  1863. 

WHEREAS,  it  is  known  to  the  General  Assembly,  That  evil  dis-  preamble, 
posed  persons  and  others  under  the  influence  and  orders  of  the  as 
sumed  rebel  government,  have  made  it  a  practice  (and  recently, 
too,)  entered  West  Virginia  and  seized  and  carried  away  citizens 
into  the  so-called  southern  confederacy,  and  there  have  detained 
and  imprisoned  them  without  cause,  and  unless  this  system  of  kid 
napping  be  promptly  checked,  such  conduct  will  continue  and  in 
crease  to  the  manifest  oppression  of  our  loyal  citizens,  for  remedy 
whereof, 

1.  Be   it  enacted  by  the  General  Assembly  of  Virginia,  That 
the  governor  of  this  commonwealth  is  hereby  authorized  and  re 
quested  in  all  cases  of  the  seizure  of  the  persons  of  loyal  citizens  of 
this  state  by  any  parties  acting  under  the  authority  of  the  so-call 
southern  confederacy,  the  pretended  state  government  at  Richmond  ages* 
or  other  military  organizations  acting  in  sympathy  or  concert  with 
them,  or  either  of  them,  to  seize  and  hold  as  hostages  for  the  safe 
rendition  of  such  person  or  persons  so  seized  and  held,  so  many 
persons  of  known  disloyal  sentiments  as  in  his  discretion  may  be 
necessary  to  effect  said  rendition. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  67. — An  ACT  to  amend  and  re-enact  the  seventh  section  of 
the  Ordinance  passed  June  the  19th,  1861,  entitled  "An  Ordi 
nance  to  authorize  the  apprehending  of  suspicious  persons  in  time 
of  war. 

Passed  February  4,  1863. 

1.  Beit  ena-cted  by  the  General  Assembly,  That  the  seventh  Section  wycn  of 
section  of  the  ordinance  passed  the  19th   day  of  June,  1861,  enti- passed  June  19, 

.,     ,    ..  ,.  ,*_       .         ,,  -L        T  *  •    •  *861>     amended 

tied    an  ordinance  to  authorize  the  apprehending  01  suspicious  per- and  re-enacted, 
sons  in  time  of  war,"  be  amended  and  re-enacted  so  as  to  read  as 
follows : 

"§7.  The  powers  vested  in  the  governor  by  this  ordinance  shall 
be  exercised  only  upon  satisfactory  evidence  of  the  necessity  of  such 
arrest,  based  upon  oath  or  affirmation. 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


64  .  ACTS  OF  THE  GENERAL  ASSEMBLY. 

CHAP.  68. — An  ACT  transferring  to  the  proposed  State  of  West 
Virginia,  when  the  same  shall  become  one  of  the  United  States, 
all  this  State's  interest  in  property,  unpaid  and  uncoil ec ted  taxes, 
fines,  forfeitures,  penalties  and  judgments,  in  counties  embraced 
within  the  boundaries  of  the  proposed  State  aforesaid. 

Passed  February  3,  1863. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  all 
Transfer  of  pro-  Property,  real,  personal  and  mixed,  owned  by  or  appertaining  to  this 
perty.  state,  and  being  within  the  boundaries  of  the  proposed  state  of  West 

Virginia,  when  the  same  becomes  one  of  the  United  States,  shall 
thereupon  pass  to  and  become  the  property  of  the  state  of  West 
Virginia,  and  without  any  other  assignment,  conveyance,  transfer 
or  delivery  than  is  herein  contained  ;  and  shall  include  among  other 
things  not  herein  specified,  all  lands,  buildings,  roads  and  other 
internal  improvements,  or  parts  thereof  situated  within  the  said 
boundaries,  and  now  vested  in  this  state,  or  in  the  president  and 
directors  of  the  board  of  the  literary  fund,  or  the  board  of  public 
works  thereof,  or  in  any  person  or  persons,  for  the  use  of  this  state 
to  the  extent  of  the  interest  and  estate  of  this  state  therein;  and 
shall  also  include  the  interest  of  this  state,  or  of  the  said  president 
and  directors,  or  of  the  said  board  of  public  works,  in  any  parent 
bank  or  branch  doing  business  within  the  said  boundaries ;  and  all 
stocks  of  any  other  company  or  corporation,  the  principal  office  or 
place  of  business  whereof  is  located  within  the  said  boundaries 
standing  in  the  name  of  this  state  or  of  the  said  president  or  direc 
tors,  or  of  the  said  board  of  public  public  works,  or  of  any  person  or 
persons,  for  the  use  of  this  state. 

2.  Be  it  further  enacted,  That  all  unpaid  and  uncollected  arrear- 
Taxes,  fines,  for- ages  of  taxes  on  lands,  town  lots,  property  tax,  capitation  tax, 
tians7e9r*d.'&c'' license  tax,  militia  fines,  fines  imposed  by  courts,  forfeitures  and 
penalties,  belonging  to  the  state  in  the  hands  of  sheriffs,  collectors  or 
individuals,  in  any  or  all  of  the  counties  embraced  within  the  boun 
daries  of  the  proposed  state  of  West  Virginia,  as  also  all  bonuses  on 
the  capital  stock  of  any  bank,  taxes  on  the  dividends  declared  by 
any  bank,  savings  institution  or  insurance  company;  dividends  on 
stock  owned  by  the  state,  or  by  the  board  of  public  works,  or  the 
president  and  directors  of  the  board  of  the  literary  fund,  in  any 
bank,  bridge  or  other  corporation  in  any  one  of  the  counties  afore 
said;  also  taxes  on  seals,  deeds,  wills,  writs  and  other  legal  processes 
due  from  the  clerks  of  the  courts,  notaries  public  or  the  secretary  of 
the  commonwealth;  taxes  on  passengers  and  tonnage  due  from  railroad 
companies,  taxes  on  bank  notes  or  other  property  transported  by 


ACTS  OF  THE  GENERAL  ASSEMBLY.  65 

express  companies  within  the  counties  aforesaid;  also  all  fines, 
forfeitures  and  penalties  incurred  by  railroads,  express  companies 
or  other  parties  or  persons  within  the  counties  aforesaid ;  also  all 
judgments,  decrees  or  penalties  incurred  by  officers  of  the  state, 
railroad  or  express  companies,  or  other  persons  before  or  since  the  re 
organization  of  the  state  government  at  the  city  of  Wheeling;  also  all 
suits  and  their  results  now  pending  in  the  name  of  the  board  of  pub 
lic  works,  or  of  the  president  and  directors  of  the  board  of  the  lit 
erary  fund  in  any  court  of  any  of  the  counties  aforesaid;  also  all  taxes  on 
lands,  town  lots,  property  tax,  capitation  tax,  license  tax,  assessed 
in  the  counties  aforesaid,  and  due  the  state  for  the  year  1863,  in 
the  hands  of  officers  of  the  state  or  individuals,  together  with  all 
the  rights  of  the  state,  or  of  the  board  of  public  works,  or  of  the 
president  and  directors  of  the  board  of  the  Literary  fund  to  any  and 
all  moneys  and  claims  in  the  counties  aforesaid  that  may  not  be 
specifically  mentioned  in  this  act,  but  that  rightfully  belong  to  the 
state  or  corporations  for  the  use  of  the  state,  shall  be  the  property 
of  the  state  of  West  Virginia,  when  the  same  shall  become  one  of 
the  United  States. 

3.  It  shall  be  the  duty  of  all  sheriffs  or  collectors  of  the  public 
revenue,  also  of  all  presidents  or  other  officers  of  railroad,  express, 
bridge  or  internal  improvement  companies,  presidents  and  other 

officers  of  banks,  savings  banks  and  insurance  companies,  clerks  of 

.  What  moneys  to 

courts,  notaries  public,  the  secretary  of  the  commonwealth,  and  of  in-  b«  paid  into  the 

-,..-,!  ,  .        , ,     .       ,          ,        ,  ,  treasury  of  West 

dividuals  owing  or  having  money  in  their  hands  due  the  state,  or  Virginia, 
.the  board  of  public  works,  or  the  president  and  directors  of  the  board 
of  the  literary  fund,  in  any  of  the  counties  aforesaid,    to  pay  the 
same  into  the  treasury  of  the  state  of  West  Virginia,  when  the  same 
shall  become  one  of  the  United  States. 

4.  Be  it  further  enacted,  For  the  purpose  of  carrying  this  act  guitstobe 
into  effect,  that  suits  may  be  brought  in  the  name  of  this  common-  brought  in  the 

name  of  the  state 

wealth  for  the  use  of  the  state  of  West  Virginia,  when  it  becomes  of  west  Virginia, 
one  of  the  United  States,  on  any  bond  or  claim  which  shall  pass  to 
or  become  the  property  of  the  State  of  West  Virginia  by  virtue  of 
this  act. 

5.  Be  it  further  enacted,  That  if  the  appropriations  and  trans-  state  of  West 
fers  of  property,  stocks  and   credits  provided  for  by  this  act   take  70«ntU  with*  this 
effect,  the  state  of  West  Virginia  shall  duly  account  for  the  same  i 


in 


state. 


the  settlement  hereafter  to  be  made  with  this  state:  provided  that  Proviso, 
no  such  property,  stocks  and  credits  shall  have  been  obtained  since 
the  re-organization  of  the  state  government. 

6.     It  shall  be  the  duty  of  the  auditor  of  public  accounts,  the 
secretary  of  state,  the  treasurer,  and  the  adjutant  general  of  this  ornate?  °ffi°ers 


66  ACTS  OF  THE  GENERAL  ASSEMBLY. 

commonwealth  to  procure  fit  and  proper  blank  books  for  the  purpose, 
and  cause  to  be  transcribed  therein  true  copies  of  all  such  records, 
official  acts,  orders,  minutes  and  memoranda,  and  like  copies  of 
original  papers  upon  which  any  such  official  action  was  based,  which 
from  its  locality  or  general  state  interest  appertains  to  and  will  be 
useful  and  advantageous  to  the  state  of  West  Virginia;  and  the 
officers  aforesaid  shall  severally  certify  to  the  governor  of  this  com 
monwealth  the  correctness  of  their  respective  copies  ;  and  it  shall  be 

Duty  of  Gover-  the  duty  of  the  governor  to  certify  to  all  whom  it  may  concern,  the 
official  character  of  such  officers  so  certifying  under  the  great  seal 
of  this  commonwealth,  and  deliver  all  such  copies  to  the  gov 
ernor  of  West  Virginia,  when  his  election  is  officially  declared,  for 
the  use  of  said  state  of  West  Virginia. 

Commencement.  7.  This  act  shall  take  effect  when  the  proposed  state  of  West 
Virginia  shall  become  one  of  the  United  States. 


CHAP.  69. — An  ACT  providing  for  placing  a  part  of  the  Maryland 
and  Ohio  Turnpike  under  the  supervision  of  the  County  Court'of 
Marion. 

Passed  February  4,  1863. 

A  portion  of  the      1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  so 

Maryland  &  Ohio  ,        _     ,       __  : ,  ,    ~,  .      ,  .,  .        &  , 

Turnpike  placed  much  oi  the  Maryland  and  Ohio  turnpike  as  runs  between  the  town 
Tision  of  the    of  Mannington  in  the  county  of  Marion  and  to  the  point  at  which 

County  Court  of.,  ....,  ,          ,..,.          ,.          .  .  ., 

Marioncounty.  the  said  pike  crosses  the  dividing  line  between  the  counties  or 
Marion  and  Wetzel,  be  placed  and  the  same  is  hereby  placed  under 
the  supervision  and  control  of  the  county  court  of  the  said  county, 
and  the  court  of  the  said  county  is  hereby  empowered  to  lay  off  the 
said  pike  into  precincts,  and  to  place  the  same  under  supervisors, 
and  the  said  road,  when  so  precincted  and  placed  under  supervisors, 
shall  be  worked  and  controlled  as  county  roads  are  worked  and 
controlled  by  law:  provided,  that  nothing  herein  contained  shall  be 
construed  so  as  to  transfer  any  interest  which  the  state  may  have 
in  the  said  pike. 

Commencement.      2.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  70. — An  ACT  directing  in  what  manner  the  Commissioners 
of  the  Revenue  in  certain  counties  shall  return  their  books. 

Passed  February  4,  1863. 

1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
commissioners  of  the  revenue  of  this  state  residing  in  any  of  the 


ACTS  OF  THE  GENERAL  ASSEMBLY.  67 

counties  within  the  limits  of  the  proposed  state  of  West  Virginia,  Directing    how 

*  •'  <*  o          >  Commissioners 

after  having  completed  their  books  and  assessments  of  license  forof  the  Revenue 

*•  ,''''''*-«  .  .      in  certain  coun- 

the  year   1863,  and  after  having  furnished  the  sheriffs  of  the  said ties  sha11  return 

J  '  &  their  books. 

counties  with  the  commissioners  books  and  license  lists,  shall  return 
the  commissioners  books  and  license  lists  now  required  by  law,  to 
be  returned  to  the  auditor  of  the  state,  to  the  auditor  of  the  said 
proposed  state  of  West  Virginia,  if  the  said  state  shall  then  be 
organized  and  admitted  as  one  of  the  states  of  the  United  States. 
If  at  the  time  when  these  books  are  properly  returnable  to  the 
auditor,  the  proposed  state  of  West  Virginia  shall  not  be  admitted 
as  one  of  the  United  States,  the  commissioners  of  the  revenue  for 
the  counties  aforesaid,  shall  then  return  their  books  as  now  required 
by  law. 

2.     This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  71. — An  ACT  to  amend  and  re-enact  the  second  and  third 
sections  of  the  third  chapter  of  the  Code  of  1860. 

Passed  February  3,  1863. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the  The  second  and 
second  and  third  sections  of  the  third  chapter  of  the  Code  of  1860  chapter  three  of 
be  amended  and  re-enacted  so  as  to  read  as  follows:  amended  and  re- 

"§2.  Whenever  a  citizen  of  this  state,  by  deed  in  writing  execu-en 
ted  in  the  presence  of  and  subscribed  by  two  witnesses,  and  by 
them  proven  in  the  court  of  the  county  or  corporation  where  he 
resides,  or  by  open  verbal  declaration  made  in  such  court  and  en 
tered  of  record,  shall  declare  that  he  relinquishes  the  character  of 
a  citizen  of  this  state  and  shall  depart  out  of  the  same,  such  person 
shall,  from  the  time  of  such  departure,  be  considered  as  having 
exercised  his  right  of  expatriation  so  far  as  regards  this  state  and 
shall  thenceforth  be  deemed  no  citizen  thereof. 

<(§3.  When  any  citizen  of  this  state,  being  twenty-one  years  of 
age,  shall  reside  elsewhere,  and  in  good  faith  become  the  citizen  of 
some  other  state  of  this  union,  or  the  citizen  or  subject  of  a  foreign 
state  or  sovereign,  he  shall  not,  while  the  citizen  of  another  state, 
or  the  citizen  or  subject  of  a  foreign  state  or  sovereign,  be  deemed 
gf  citizen  of  this  state;  and  any  citizen  of  this  state  who  shall,  after 
the  passage  of  this  act,  voluntarily  levy  war  against  the  United 
States,  or  who  shall  adhere  to  the  enemies  of  the  same,  or  give 
them  aid  and  comfort,  or  who  shall,  by  writing  or  speaking,  profess 
allegiance  or  fidelity  to  the  so-called  confederate  states  of  America, 
or  who  shall  resist  or  oppose  by  violence,  or  who  shall  by  writing  or 


68  ACTS  OF  THE  GENERAL  ASSEMBLY. 

speaking  instigate  others  to  resist  or  oppose  by  violence,  the  gov 
ernment  of  Virginia  as  reorganized  by  the  convention  which  assem 
bled  at  Wheeling  on  the  llth  day  of  June,  1861,  shall  be  considered 
as  having  expatriated  himself  so  far  as  regards  this  state,  and  shall 
thenceforth  be  deemed  no  citizen  thereof." 
Commencement.  2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  72.  —  An  ACT  making  an  appropriation  to  the  proposed  new 
State  of  West  Virginia  when  the  same  shall  become  one  of  the 
United  States. 

Passed  February  4,  1863. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
Appropriation  to  sum  of  one  hundred  and  fifty  thousand  dollars,  be,  and  is   herebv 

the  State  of  West  .    ,      ,    .       .,  .  TTT      .   TT.       .     .  ,.  ., 

Virginia.  appropriated  to  the  state  of  West  Virginia  out  of  moneys  not  other 

wise  appropriated,  when  the  same  shall  have  been  formed,  organized 
and  admitted  as  one  of  the  states  of  the  United  States. 

2.  Be  it  further  enacted,  that   there  shall  be,  and  hereby  is  ap 
propriated  to  the  said  state  of  West  Virginia  when  the  same  shall  be- 

*P~  come  one  of  the  United  States,  all  balances,  not  otherwise  appropria 
ted,  that  may  remain  in  the  treasury,  and  all  moneys  not  otherwise 
appropriated,  that  may  come  into  the  treasury  up  to  the  time  when 
the  said  state  of  West  Virginia  shall  become  one  of  the  United  States: 
Proviso.  provided,  however,  that  when  the  said  state  of  West  Virginia  shall 

become  one  of  the  United  States,  it  shall  be  the  duty  of  the  auditor 
of  this  state,  to  make  a  statement  of  all  the  moneys  that  up  to  that 
time,  have  been  paid  into  the  treasury  from  counties  located  outside 
of  the  boundaries  of  the  said  state  of  West  Virginia,  and  also  of 
all  moneys  that  up  to  the  same  time,  have  been  expended  in  such 
counties,  and  the  unexpended  surplus  of  all  such  moneys  shall 
remain  in  the  treasury  and  continue  to  be  the  property  of  this  state. 

3.  Be  it  further  enacted,  that  the  act  passed  May  14,  1862,  making 
The  act  passed  an  appropriation  of  one  hundred  thousand   dollars  to  the  state  of 

'  West  Virginia,  be,  and  the  same  is  hereby  repealed. 


Commencement       ^*     This  act  shall  be  in  force  from  its  passage. 


CHAP.  73. — An  ACT  for  the  relief  of  Greenville  Harrison. 
Passed  February  4,  1863. 

L     Be  ii;  enacted  by  the  General  Assembly  of  Virginia,  That  the 
GreenviiifeVHar-f  au(^or  of  public  accounts  be    and  hereby  is  directed  to  issue  his 


ACTS  OF  THE  GENERAL  ASSEMBLY.  69 

warrant  in  favor  of  Greenville  Harrison  for  the  sum  of  $92,75,  to 
be  paid  out  of  any  moneys  in  the  treasury  not  otherwise  appropria 
ted,  such  sum  being  the  amount  justly  due  to  said  Harrison  for  ser 
vices  rendered  by  him  as  commissioner  of  the  revenue  for  the  county 
of  Cabell  in  making  out  property  books  for  the  year  1862,  which 
books  were  forcibly  taken  from  said  Harrison  on  the  3d  day  Janu 
ary,  1863,  by  rebel  soldiers.  Commencement. 
2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  74.— An  ACT  for  the  relief  of  Theodore  Davis. 
Passed  February  2,  1863. 

1.  Be  it  enacted  by  the  General  Assembly   of  Virginia,  That 
Theodore  Davis,  be,  and  he  is  hereby  released  from  the  payment  of  Relea86d    from 
a  fine   of  two  hundred   dollars,   imposed  upon  him  by  the  circuit  J?*Jmeot    of  a 
court  of  Doddridge  county,  at  the  spring  term  of  1862,  for  an  as 
sault  upon  one  Jacob  Trough,  with  intent  to  maim,   disfigure  and 

disable  him,  the  said  Trough.  Commencement. 

2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  75.— An  ACT  for  the  relief  of  James  G.  West. 
Passed  February  4,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  the  auditor  of  Auditor  directed 
public  accounts  be  and  hereby  is  directed  to  issue  his  warrant  in  fa-  JanT?n  favoT^f 
vor  of  James  G.  West  for  the  sum  of  fourteen  hundred  and  forty James  a- West- 
dollars  and  thirty  cents,  to  be  paid  out  of  any  moneys  arising  from 

suit  or  suits  pending  against  the  Baltimore  and  Ohio  Railroad  Com 
pany  for  damages  done  to  the  Maryland  and  Ohio  Turnpike  Road, 
and  that  the  said  James  G.  West  and  his  securities  be,  and  they  are 
hereby  released  from  the  bond  of  said  James  G.  West  as  contractor  Reieaaed  from 
on  the  Maryland  and  Ohio  Turnpike  Road.  bond< 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  76. — An  ACT  authorizing  the  Auditor  to  regulate  the  com 
pensation  of  Commissioners  of  the  Revenue  in  certain  cases. 

Passed  February  4,  1868. 

1.     Be  it  enacted  by  the  General  Assembly,  That  the  auditor  of 
public  accounts  is  hereby  authorized  and  directed  to  allow  commis-  Kevenue? the 


70  ACTS  OF  THE  GENERAL  ASSEMBLY. 

sioners  of  the  revenue  in  all  counties,  except  those  in  which  the  said 
commissioners  receive  a  fixed  compensation,  such  additional  com 
pensation  for  the  year  1863  as  will  raise  the  salary  of  said  commis 
sioners  of  the  revenue  to  an  amount  not  exceeding  that  paid  them  for 
the  year  1862. 
Commencement.  2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  77. — An  ACT  to  incorporate  the  Little  Kanawha  Navigation 

Company. 

Passed  February  4,  1863. 

1.     Be  it  enacted  by  the  General  Assembly,  That  it  shall  be  law- 
Who  authorized  ful  to  open  books,  under  the  superintendence  of  John  V.  Rathbone, 
subscription.80  P.  G.    Van  Winkle,  J.  N.  Camden,  James  Cook,  Moses  Kinchelo, 
Daniel  Wilkinson,  E.  C.  Hopkins,  Jonathan  Weaver,  Charles  Chad- 
doc,  John  Wear,  and  James  A.  Williamson,  or  any  three  of  them,  at 
Parkersburg,  in  the  county  of  Wood,  at  Newark,   Elizabeth,  and 
Rathbone,  in  the  county  of  Wirt,  and  at  Glenville,  in  the   county 
of  Gilmer,   for  receiving  subscriptions   to  the   capital  stock  of  the 
company  hereby    incorporated  for  the  purpose   of  improving  the 
navigation  of  the  Little  Kanawha  river  and  its  branches. 

Capital  stock.         2.     The  capital  stock  of  said  company  shall  consist  of  four  thou 
sand  shares  of  twenty-five  dollars  each,  and  whenever  five  hundred 
shares  are  subscribed  the   subscribers,  their  executors,   administra 
tors  and  assigns,  are  hereby  incorporated  by  the  name  of  the  Little 
nym<  >a~  Kanawha  Navigation  Company,  and  shall  be  governed  by  the  pro 

visions  of  the  fifty-sixth,  fifty-seventh  and  sixty-first  chapters  of 
the  Code  of  Virginia,  so  far  as  the  same  are  applicable  and  not  in 
consistent  with  this  act.  The  county  courts  of  Wood,  Wirt,  Ritchie, 
and  Gilmer  counties  shall  have  the  power  to  subscribe.  At  all 
Number  of  votes  general  meetings  and  elections  each  stockholder  may  in  person,  or 

authorized  to  be  &  111- 

cast  by   stock- by  proxy,  cast  one  vote  for  every  share  01  stock  owned  by  him. 

improvements.  3.  The  said  company  shall  have  power  to  improve  the  navigation 
of  said  river,  and  of  Hughes'  river,  by  locks  and  dams,  sluices, 
canals,  or  other  usual  modes  of  improvement  or  by  the  combination 
of  any  two  or  more  of  them.  They  shall  commence  their  improve 
ments  at  or  near  the  mouth  of  said  river,  and  prosecute  the  same 
toward  the  head,  so  far  as  may  be  deemed  practicable,  and  their 
resources  will  permit,  and  may  in  like  manner  improve  Hughes' 
river  so  far  up  the  same  as  they  may  deem  proper,  when  their  main 
improvement  has  reached  the  mouth  thereof;  they  may  enter  and 
condemn  lands  for  the  purposes  of  their  improvements,  under  the 


ACTS   OF  THE  GENERAL  ASSEMBLY.  71 

provisions  of  the  said  fifty-sixth   chapter  of  the  Code   of  Virginia, 
and  shall  have  the  benefit  of  all  or  any  acts  declaring  the  said  river 
a   navigable  highway;  they  may  charge  and  receive  such  tolls    for™18- 
the  use  of  their  improvement  as  may  be  fixed  by  the  board  of  public 
works,  or  by  law. 

4.  The  said  company  shall  have  power  to  borrow  money  from  Power  to  borrow 
time  to  time,  not  exceeding  in  the  aggregate  the  amount  of  their 

capital  stock;  to  issue  their  bonds  or  other  proper  securities  for  the 
same,  and  to  pledge  their  works  and  property  by  mortgage  or  deed 
of  trust  for  the  payment  thereof  and  of  the  interest  to  accrue  thereon, 
but  in  the  event  of  a  sale  under  such  mortgage  or  deed  of  trust,  all 
bonds  or  notes  then  outstanding,  issued  in  payment  for  work  done 
or  materials  furnished  on  or  for  their  improvement,  and  so  expressed 
to  be  on  their  face,  shall  be  first  paid  out  of  the  proceeds  of  any 
such  sale. 

5.  The    said    company   shall    commence  the   said  improvemen  tin  what  time  im« 
within  two  years  after  the  passage  of  this  act  and  complete  the  said  b™comm»iioed. 
improvement  up  the  said  Kanawha  river  to  the  mouth  of  the  west 

fork  of  said  river,  within  eight  years  after  the  passage  of  this  act, 
and  if  the  said  company  fails  to  complete  the  improvement  from 
the  said  west  fork  to  Glenville,  in  Gilmer  county,  within  ten  years 
after  the  passage  of  this  act,  the  right  as  a  company  to  said  Kanawha 
river,  shall  be  forfeited  and  no  longer  to  exist  above  the  rnouth  of 
the  said  west  fork  of  the  Kanawha,  but  shall  have  the  right  granted 
in  this  act  to  continue  as  a  company  from  the  mouth  of  the  said 
Kanawha  to  the  mouth  of  the  said  west  fork. 

6.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  78. — An  ACT  giving  consent  to  the  admission  of  certain 
counties  into  the  new  State  of  West  Virginia,  upon  certain 
conditions. 

Passed  February  4,  1803. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  at 
the  general  election  on  the  fourth  Thursday  of  May,  one  thousand  LaWfUi  for  the 
eight  hundred  and  sixty-three,  it  shall  be  lawful  for  the  voters  of  J-ei 
the  district  composed  of  the  counties  of  Tazewell,  Bland,  Giles,  li 
and  Craig,  to  declare  by  their  votes  whether  said  counties  shall  be  J 
annexed  to  and  become  a  part  of  the  new  state  of  West  Virginia;  to  wit  v^ghiia 
also,  at  the  same  time,  the  district  composed  of  the  counties  of  Also  the  coun- 
Buchanan,  Wise,  Russell,  Scott,  and  Lee,  to  declare  by  their  votes ^V^RuteSi 
whether  the  counties  of  the  said  last  named  district  shall  be  an-  8cott)  and  Lee- 


72  ACTS  OF  THE  GENERAL  ASSEMBLY. 

nexed  to  and  become  a  part  of  the  state  of  West  Virginia ;  also,  at 
ofb0AiLCg0h"my!8tlie  same  time>  the  district  composed  of  the  counties  of  Alleghany, 
Bath  and  nigh- Bath,  and  Highland,  to  declare  by  their  votes,  whether   the  coun 
ties  of  such  last  named  district  shall  be  annexed  to  and  become  a 
part  of  the  state  of  West  Virginia;  also,  at  the  same  time,  the  dis- 
Aiso  the  counties  trict  composed  of  the  counties  of  Frederick,  and  Jefferson,  or  either 

of  Frederick  and  * 

of  them,  to  declare  by  their  votes,  whether  the  counties  of  the  said 
last  named   district  shall  be   annexed  to  and  become   a  part  of  the 
state  of  West  Virginia;  also,  at  the  same  time,  the  district  compo- 
of  the   counties  of  Clarke,  Loudoun,  Fairfax,    Alexandria,  and 
Aiexandr!airand' Prince  William,  to  declare   by  their  votes,  whether  the  counties  of 
Pnnce  William,  the  said  last  named  district  shall  be  annexed  to  and  become  a  part 
of  the   state  of  West  Virginia;  also,  at  the  same  time,  the   district 
Also  the  counties  composed  of  the  counties  of  Shenandoah,  Warren,  Page,  and  Rock- 

of     Shenandoah,  f 

Warren,  Page  &  mgham,  to  declare  bv  their  votes,  whether  the  counties  of  the  said 

Kockingham.  {  " 

last   named  district  shall  be  annexed  to  and  become  a  part  of  the 
state  of  West  Virginia;  and  for  that  purpose  there  shall  be  a  poll 
Polls  to  be  open- Opene(j   at  each  place  of  voting   in  each  of  said  districts,  headed 
Consent.  "For  Annexation,"  and  "Against  Annexation."     And  the  consent 

of  this  general  assembly  is  hereby  given  for  the  annexation  to  the 
said  state  of  West  Virginia  of  such  of  said  districts  or  either  of 
them,  as  a  majority  of  the  votes  so  polled  in  each  district  may  de 
termine  :  provided,  that  the  legislature  of  the  state  of  West  Vir 
ginia  shall  also  consent  and  agree  to  the  said  annexation,  after 
which  all  jurisdiction  of  the  state  of  Virginia  over  the  districts  so 
annexed  shall  cease. 
Dutyof  Governor  2.  It  shall  be  the  duty  of  the  governor  of  the  commonwealth  to 

ascertain  and  certify  the  result  as  other  elections  are  certified. 
not^be^heid^on      ^-     -^n    the  even^   the  state   of  the   country   will   not  permit,  or 
Governor "to*!!?-'  ^rom  an7  cause,  said  election  for  annexation  cannot  be  fairly  held 
matio^orSeSn3'  on  ^e  day  aforesaid,    it  shall  be  the  duty  of  the   governor  of  this 
euch  election,     commonwealth,   as  soon  as  such  election  can  be  safely  and  fairly 
held   and  a  full  and  free  expression   of  the  opinion  of  the  people 
had  thereon,   to  issue  his  proclamation   ordering  such   election  for 
the  purpose  aforesaid,  and  certify  the  result  as  aforesaid. 
Commencement.      4.     This  act  shall  be  in  force  from  its  passage. 


CHAP.  79.— An  ACT  for  the  relief  of  Alexander  Hay. 

Passed  February  5,  1863. 
The  sale  of  the 

1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
" sa^e  °f  the  Alexandria  and  Washington  railroad  made  on  the  tenth 


ACTS  OF  THE  GENERAL  ASSEMBLY.  73 

day  of  April,  eighteen  hundred  and  sixty-two,  and  the  purchase  of 

the  same  by  Alexander   Hay  and  his  associates,  be,  and  hereby  is  Not  effecte(j  by 

made    a  lawful  sale,  and  shall  not  in   any  wise  be  effected  by  the  {Jj  ionectS?  of 

law    "staying  the  collection  of  certain    debts,"  passed  July  26th,  certain  debts." 

1861,  and  amended  and  re-enacted  February  8th,  1862,  and  again 

extended  December  22d,  1862;  and  said  sale  shall  be  deemed  valid, 

of  full  force  and  effect  as  if  said  law  had  never  been  passed. 

2.     This  act  shall  be  in  force  from  its  passage.  Commenoe ment. 


CHAP.  80. — An  ACT  amending  and  re-enacting  section  eight  of  an 
Act  passed  January  31st,  1863,  entitled  "An  Act  imposing  taxes 
for  the  support  of  the  Government. 

Passed  February  5,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  section  eight  Section  eight  of 
of  an  act  passed  January  31st,  1863,  entitled  "an  act  imposing  taxes  Jan.  sist,  ises, 
for  the  support  of  the  government,"  be  amended  and  re-enacted  so  acted. 

as  to  read  as  follows: 

"§8.  On  the  income,  salary  or  fees  received  during  the  year  end 
ing  the  first  day  of  February  of  each  year  in  consideration  of  the 
discharge  of  any  office  or  employment  in  the  service  of  the  state,  or 
in  consideration  of  the  discharge  of  any  office  or  employment  in  the 
service  of  any  corporation,  or  in  the  service  of  any  company,  firm  or 
person,  except  where  the  service  is  that  of  a  minister  of  the  Gospel, 
three-fourths  of  one  per  centum  upon,  so  much  thereof  as  exceeds 
five  hundred  dollars. 

The  tax  on  a  salary  payable  under  this  section  by  an  officer  of  the 
government  receiving  the  same  out  of  the  treasury,  shall  be  deduct 
ed  at  the  rate  chargeable  on  the  annual  salary  on  the  amount  drawn 
from  the  treasury  at  the  time  the  salary  is  audited  and  paid ;  and 
fees  or  other  income  of  such  officer  shall  be  listed  and  assessd  by 
the  commissioners  as  in  other  cases,  and  at  the  rates  prescribed 
thereon.'' 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement, 


CHAP.  81. — An  ACT  amending  and  re-enacting  the  fourth  section 
of  the  Ordinance  passed  June  21st,  1861. 

Passed  February  5,  1863. 

1.  Beit  enacted  by  the  General  Assembly  of  Virginia,  That  theTbo  fourth  sec- 
fourth  section  of  the  ordinance  passed  June  21st,  1861,  be  amended  and  re-enacted, 
and  re-enacted  so  as  to  read  as  follows: 


74  *  ACTS  OF  THE  GENERAL  ASSEMBLY. 

"§4.  That  whenever  the  governor  shall  deem  it  expedient  and 
for  the  public  good,  that  the  offices  of  the  auditor  and  treasurer 
should  be  kept  in  the  city  of  Alexandria  or  in  any  other  place  in 
the  commonwealth  outside  of  the  city  of  Wheeling,  he  may  issue  a 
proclamation  establishing  the  said  offices  of  auditor  and  treasurer 
at  Alexandria  or  such  other  place,  as  in  his  judgment  he  may 
deem  best,  and  the  executive  is  hereby  authorized  to  convene 
the  legislature  at  such  place  within  the  state  of  Virginia,  as  he 
may  select,  for  the  seat  of  government,  under  this  act. 
Commencement.  2.  This  act  shall  be  in  force  from  and  after  its  passage. 


CHAP.  82. — An    ACT  authorizing  the    revival  of  certain  suits  de 
pending  in  the  courts  of  the  Commonwealth. 

Passed  February  5,  1863. 
Suits  pending  in      ]_      ~QQ  {{  enacted  bv  the  General  Assembly,  That  all  or  any  suits 

th  e  courts  of  the  _  J  . 

commonwealth  depending  in  any  court  of  the  commonwealth  in  the  name  of  the 
be  dismissed,  board  of  public  works,  prior  to  the  9th  day  6T  August,  1861,  shall 
not  abate  or  be  dismissed  for  want  of  authority  in  the  said  courts 
to  prosecute  them  by  reason  of  any  change  in  the  officer  discharging 
the  duties  of  said  board,  but  may  be  revived  (if  necessary)  in  the 
name  of  the  governor,  auditor  and  treasurer  of  the  commonwealth, 
acting  as  said  board  and  discharging  its  duties  as  provided  for  by 
the  ordinance  of  the  convention  of  August  9th,  1861,  anything  in 
the  act  of  the  general  assembly  passed  July  16th,  1861,  to  the  con 
trary  notwithstanding. 
Commencement.  2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  83. — An  ACT  to  authorize  the  Auditor  of  Public  Accounts  to 
appoint  Commissioners  of  the  Revenue  in  certain  cases. 

Passed  February  5,  1863. 
When  the  Audi-      1.     Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 

tor  Is  requested  PIT  •  i        •       j  i  •       j     • 

to  appoint  Com- auditor  of  public  accounts  is  hereby  authorized  and  required  in 

missioners  of  the  ..  ~  ,,   .  ,  .,          -,  .,  .  , 

Revenue.  counties  and  towns  of  this  commonwealth,  where  the  commissioner  e 
books  of  said  counties  and  towns  cannot  be  found,  and  where  com 
missioners  have  not  been  elected  under  the  re-organized  government 
of  Virginia,  to  appoint  commissioners  of  the  revenue  to  assess  the 
taxes  due  the  commonwealth  for  the  year  1862  and  1863,  and  for 
ward  the  books  for  that  purpose  to  said  commissioners, 
ommencement.  2.  This  act  shall  be  in  force  from  its  passage. 

I 


ACTS  OF  THE  GENERAL  ASSEMBLY.  75 

CHAP.  84. — AN  ACT  amending  and  re-enacting  section  thirteenth 
of  an  act  passed  July  26,  1861,  entitled  an  act  to  provide  for  the 
public  health. 

Passed  February  5,  1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  section  thirteen  Section  thirteen 
of  an  act  passed  July  26,  1861,  entitled   an  act  to  provide  for  the  enacted, 
public  health,  be  amended  and  re-enacted  so  as  to  read  as  follows : 

"§13.  The  sum  of  five  hundred  dollars  is  hereby  appropriated 
for  the  payment  of  such  agent.  The  same,  or  so  much  thereof,  as 
may  be  required,  shall  be  paid  semi-annually  on  the  order  of  the 
governor,  when  he  shall  be  satisfied  that  the  agent  has  faithfully 
complied  with  his  contract  and  duty,  as  agent,  to  the  time  of  such 
payment." 

2.  This  act  shall  be  in  force  from  its  passage.  Commencement. 


CHAP.  85. — An  ACT  repealing  an  Act  passed  February  15th,  1862, 
entitled  "An  Act  to  provide  for  the  payment  of  costs  in  prosecu 
tions  for  misdemeanors,  &c." 

Passed  February  5,  1868. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  an  Act  passed  Feb. 

loth.,     1862;    re- 

act  passed  February  15th,  1862,  entitled  "an  act  to  provide  for  thepeaied. 

payment  of  costs  in  prosecutions  for  misdemeanors,  &c.,"  be  and  the 

same  is  hereby  repealed.  Commencement. 

2.  This  act  shall  be  in  force  from  its  passage. 


CHAP.  86. — An  ACT  to  amend  and  re-enact  an  Act  entitled  "An 
Act  to  incorporate  the  Bank  of  Guyandotte,"  passed  March  2d, 
1854. 

Passed  February  5, 1863. 

1.  Be  it  enacted  by  the  General  Assembly,  That  sections  first;,  Sections  first.sec- 
second,  third  and  eighth  of  an  act  entitled  "an  act  to  incorporate  eighth  of  an  Act 
the  Bank  of  Guyandotte,  in  the  county  of  Cabell,"  passed  March  2d,  theBaSk°ofGuye- 
1854,  be  amended  and  re-enacted  so  as  to  read  as  follows  : 

"§1.  It  shall  be  lawful  to  establish  a  bank  in  the  town  of  Guyan- 
rdotte,  in  the  county  of  Cabell,  the  capital  stock  of  which  shall  be 
not  less  than  one  hundred  thousand  dollars  nor  more  than  three 
hundred  thousand  dollars,  to  be  raised  by  subscription  of  shares  of 
one  hundred  dollars  each ;  books  of  subscription  for  the  stock  afore 
said  to  be  opened  on  the  second  Monday  of  March,  1863,  and  remain 


76  ACTS  OF  THE  GENERAL  ASSEMBLY. 

open  until  one  hundred  thousand  dollars  is  subscribed  in  the  town 
of  Guyandotte  under  the  superintendence  of  John  Laidley,  Sr., 
Thomas  J.  Hayslip  and  James  H.  Poage,  or  any  two  of  them,  \vho 
shall  have  power,  and  their  rights,  powers  and  duties  in  relation  to 
said  bank  shall  be  in  all  respects  as  far  as  may  be  applicable,  such 
as  are  prescribed  by  the  Code  of  Virginia.  The  commissioners  shall 
be,  and  they  are  hereby  authorized  to  receive  subscriptions  partly 
in  money  and  partly  in  the  stocks  of  the  United^States,  the  medium 
of  payment  to  be  expressed  at  the  time  of  making  such  subscription, 
and  the  stock  transferred  to  the  bank  and  the  money  paid  over  as 
soon  as  the  president  and  directors  shall  be  elected. 

"§2.  The  said  bank  shall  be  called  "The  Bank  of  Guyandotte,"  but 
the  name  may  be  changed  to  "The  Bank  of  West  Virginia"  if  the 
stockholders  or  directors  shall  so  elect,  and  by  said  name  and  style 
the  stockholders  thereof  and  their  successors  shall  be  a  body  politic 
and  corporate,  with  all  the  rights,  powers  and  privileges  conferred 
upon  banks  of  the  state  by  chapters  fifty-seven  and  fifty-eight  of  the 
Code  of  Virginia,  and  shall  moreover  be  subject  to  all  the  rules,  reg 
ulations  and  restrictions  imposed  by  the  said  chapters  fifty-seven  and 
fifty-eight,  except  the  seventh  section  of  said  chapter  fifty-eight, 
so  far  as  said  chapters  are  consistent  with  this  act,  provided  that 
the  stockholders  shall  appoint  and  elect  directors. 

"§3.  Whenever  the  said  bank  shall  legally  transfer  to  deposit  with 
the  treasurer  of  the  state,  in  trust  for,  and  for  the  purposes  of  the 
said  bank,  certificates  of  the  public  debt  of  the  United  States,  bear 
ing  six  per  centum  interest,  to  the  amount  of  fifty  thousand  dollars, 
the  said  bank  shall  be  authorized  to  deliver  notes  of  any  denomina 
tion  it  may  elect,  not  less  than  five  dollars,  to  the  treasurer  in  the 
usual  form  of  bank  notes  intended  for  circulation,  to  the  full  amount 
of  the  stock  so  deposited,  upon  the  face  of  which  shall  be  written  or 
printed  the  words  "Secured  by  pledge  of  United  States  securities," 
and  each  bank  note  shall  be  countersigned  by  the  treasurer  and  num 
bered  and  registered  in  proper  books  to  be  provided  and  kept  for 
the  purpose  in  the  office  of  said  treasurer;  arid  such  notes  so  coun 
tersigned  shall  be  re-delivered  to  the  officers  of  said  bank,  and  the 
said  bank  so  receiving  the  same  may  thereupon  issue  its  notes  afore 
said  to  the  full  amount  of  the  stock  so  deposited,  and  from  time  to 
time  upon  further  deposits  of  such  certificates  of  debt  of  the  United 
States  by  said  bank,  in  sums  not  less  than  five  thousand  dollars;  the  % 
said  bank  may  in  like  manner  issue  notes  countersigned  as  afore 
said  to  the  full  amount  so  deposited — but  such  issues  shall  not  ex 
ceed  in  the  aggregate  the  capital  herein  provided. 

"§8.     Each  and  every  stockholder  in  said  bank  shall  be  liable 


ACTS  OF  THE  GENERAL  ASSEMBLY.  77 

rateably  out  of  his  private  estate  for  the  circulation  and  express  con 
tract  debts  of  said  bank  to  the  amount  of  stock  held  by  him,  upon  a 
failure  of  said  bank  to  redeem  its  notes  or  pay  said  debts.  The  to 
tal  amount  of  paper  circulation  of  the  bank  hereby  incorporated 
shall  never  exceed  five  times  the  amount  of  coin  in  possession  and 
actually  the  property  of  the  bank.  If  the  coin  be  reduced  to  less 
than  one-fifth  of  its  paper  circulation  the  bank  shall  thereupon  make 
no  new  loan  or  discount  until  its  coin  shall  be  to  its  paper  circula 
tion  at  least  the  proportion  of  one  to  five:  provided,  however,  that 
this  act  shall  not  take  effect  so  as  to  authorize  the  said  bank  to  make 
loans  or  discounts,  or  transact  any  other  banking  business  until 
the  minimum  amount  of  the  capital  hereby  authorized  shall  be 
deposited  in  United  States  stock  with  the  treasurer  of  this  common 
wealth,  as  is  provided  by  the  fourth  section  of  this  act.  The  costs 
to  the  state  arising  from  the  provisions  of  this  act  shall  be  paid  by 
the  said  bank." 

2.     This  act  shall  take  effect  from  its  passage.  Commencement. 


JOINT  RESOLUTIONS. 


No.  1. — Joint  Resolution   enquiring  into  the  manner  in  which  the  duties 
of  the  Public  Printer  have  been  discharged. 

Passed  December  8,  1862. 

Resolved,  That  a  joint  committee  of  eight,  consisting  of  five  from  the 
house  and  three  from  the  senate  be  appointed  by  the  speaker  and  presi 
dent  of  the  same,  to  inquire  into  the  manner  in  which  the  duties  of  public 
printer  have  been  discharged,  whether  he  has  done  all  the  public  printing, 
and  if  so,  how  much  and  in  what  manner,  whether  any  printing  has  been 
done  for  the  state  by  any  other  person,  and  if  so,  at  what  price,  in  what 
manner  and  by  whom  authorized,  and  to  report  to  this  house  such 
other  matters  concerning  the  same  as  they  may  deem  proper,  and  that 
said  committee  have  power  to  send  for  and  have  before  them  persons, 
books  and  papers  to  assist  them  in  the  said  inquiry. 


No.  2. — Joint  Resolution  requesting  the  House  of  Representatives  of  the 
United  States  to  take  up  and  pass  without  amendment,  the  bill  for  the 
admission  of  the  State  of  West  Virginia,  passed  by  the  United  States 
Senate  on  the  10th  of  July  last. 

Passed  December  9,  1862. 

Resolved,  That  feeling  the  greatest  anxiety  and  interest  in  the  successful 
issue  of  the  movement  for  a  new  state  in  West  Virginia,  we  earnestly  re 
quest  the  house  of  representatives  of  the  United  States  to  take  up  and 
pass,  without  alteration  or  amendments,  the  bill  which  passed  the  senate 
of  the  United  States  on  the  10th  of  July  last. 


No.  3.— Joint  Resolutions  requesting  the  Hon.  John  S.  Carlile  to  resign 
his  seat  in  the  Senate  of  the  United  States. 

Passed  December  12,  1862. 

WHEREAS,  The  General  Assembly  of  Virginia,  by  resolution  adopted  at 
the  session  of  July,  1862,  instructed  the  senators  of  this  state  in  congress 
to  sustain  the  federal  government  in  its  efforts  to  maintain  the  supremacy 
of  the  laws  and  preserve  the  integrity  of  the  Union,  and  by  a  legislative 


80  JOINT  RESOLUTIONS. 

act  of  the  13th  of  May,  1862,  requested  them  to  use  their  endeavors  to 
obtain  the  consent  of  congress  to  the  admission  of  West  Virginia  into  the 
Union  ;  and  whereas,  the  Hon.  John  S.  Carlile  having  failed  not  only  to 
sustain  the  legitmate  efforts  of  the  federal  government  to  suppress  the  in 
surrection,  but  having  opposed  by  his  votes  in  the  senate,  and  public 
speeches  in  and  out  of  the  senate,  measures  absolutely  necessary  to  the 
preservation  of  the  Union  and  the  enforcement  of  the  laws,  and  having 
also  by  his  speeches  and  votes  in  the  senate  opposed  the  bill  for  the  ad 
mission  of  West  Virginia  into  the  Union ;  therefore, 

Resolved,  By  the  General  Assembly,  That  inasmuch  as  he  has  neither 
regarded  the  instructions  aforesaid,  nor  the  known  will  of  the  loyal  people 
of  the  state,  he  is  hereby  respectfully  requested  to  resign  his  seat. 

Resolved,  That  the  governor  be  requested  to  forward  copies  of  these 
resolutions  to,  our  senators  and  representatives  in  congress,  with  a  request 
that  the  same  be  laid  before  congress. 


No.  4. — Joint  Resolution  appointing  a  joist  committee  to  inquire  into  the 

Permit  System. 

Passed  December  12,  1862. 

Resolved,  That  a  joint  committee  to  consist  of  three  members  from  the 
house  and  two  from  the  senate,  be  appointed  to  inquire  into  the  "permit" 
svstem  now  enforced  by  the  agents  of  the  treasury  department,  with  a 
view  to  relieve,  if  possible,  the  citizens  of  this  state  from  the  inconveni 
ence  and  injury  imposed  upon  them  under  its  present  operations. 


No.  5. — Joint  Resolution   directing  the  Auditor  to  issue  to  the  heirs  gen 
erally  of  Walter  Brooke,  a  land  warrant  for  five  thousand  acres. 

Passed  January  10,  1863. 

WHEREAS,  It  appears  to  the  general  assembly  that  the  heirs  of  Com 
modore  Walter  Brooke  in  the  war  of  the  revolution,  are  entitled  to  five 
thousand  acres  of  additional  land  bounty  from  the  State  of  Virginia,  for 
the  service  of  their  ancestor,  the  said  Walter  Brooke,  in  the  war  of  the 
revolution ;  and  whereas,  by  reason  of  the  existing  rebellion  the  warrant 
for  the  said  additional  amount  of  land  bounty  cannot  be  had  from  the  land 
office  at  Richmond,  Therefore 

Resolved,  by  the  General  Assembly,  That  Samuel  Crane,  the  auditor  of 
this  commonwealth,  be,  and  he  is  hereby  directed  to  issue  to  the  heirs 
generally  of  the  said  Walter  Brooke,  a  land  warrant  for  the  balance  of 
bounty  due  to  them,  to-wit:  five  thousand  acres,  that  amount  being 
acknowledged  by  the  register  of  the  land  office  at  Richmond,  to  be  so  due. 


JOINT  RESOLUTIONS.  81 

No.  6. — Joint  Resolution  of  Condolence. 
Passed  January  10,  1863. 

WHEREAS,  It  has  been  made  known  to  the  General  Assembly  of  Vir 
ginia,  that  on  Tuesday  the  6th  day  of  January,  1863,  Mrs.  Tarr,  wife  of 
Campbell  Tarr,  Esq.,  treasurer  of  the  state  of  Virginia,  departed  this  life. 

Resolved,  That  in  this  bereavement  of  our  worthy  treasurer  the  general 
assembly  tenders  to  him  its  deepest  regrets  and  sincere  sympathy  at  the 
dispensation. 

No.  7. — Joint  resolution  of  thanks  to  Dr.  Hills,  Superintendent  of  the 
Insane  Asylum  at  Columbus,  Ohio,  for  his  kind  and  humane  treatment 
to  the  insane  of  this  State. 

Passed  January  10,  1863. 

Resolved,  by  the  Senate  and  House  of  Delegates  of  Virginia,  That  the 
thanks  of  the  state  of  Virginia  are  justly  due  and  are  hereby  tendered  to 
Dr.  Hills,  superintendent  of  the  asylum  at  Columbus,  Ohio,  for  the  kind 
and  humane  treatment  extended  by  him  to  the  unfortunate  insane  of  this 
state,  who,  because  of  the  present  rebellion,  could  not  be  received  and 
treated  in  the  lunatic  asylums  of  this  commonwealth. 

Resolved,  That  the  governor  be  requested  to  transmit  a  copy  of  these 
resolutions  to  Dr.  Hills. 


No.  8. — Joint  Resolution  to  elect  a  Public  Printer. 
Passed  January  19,  1863. 

Resolved,  That  this  house  will,  with  the  concurrence  of  the  senate,  proceed 
to  the  election  of  a  public  printer  at  eleven  o'clock,  a.  m.,  on  Wednesday 
next. 


No.  9. — Joint  Resolution  to  elect  a  United  States  Senator. 
Passed  January  21,  1863. 

Resolved,  By  the  General  Assembly  of  Virginia,  that  both  houses  by 
a  joint  vote  proceed  on  Friday  the  23d  inst.,  at  12  o'clock,  m.,  to  elect 
a  United  States  senator. 

No.  10. — Joint  Resolution  to  employ  a  Janitor  for  the  Public  Buildings. 
Passed  January  29,  1863. 

Resolved,  That  the  governor  be  authorized  to  employ  a  janitor  for  the 
public  buildings. 
6 


82  JOINT  RESOLUTIONS. 

No.  11. — Joint  Resolution  releasing  the  late  Public  Print*"  'r  .111  the  pay 
ment  of  Four  Hundred  and  Ten  Dollars,  upon  .    -..Jitions. 

Passed  February  4,  1863. 

WHEREAS,  by  the  report  of  the  committee  on  public  printing,  it  appears 
that  A.  S.  Trowbridge,  as  public  printer,  is  indebted  to  the  state  in  the 
amount  of  four  hundred  and  ten  dollars,  being  for  over  charges  on  work 
done  by  him  as  public  printer ;  and  whereas,  said  Trowbridge  has  priated 
a  number  of  reams  of  commissioner's  books  which  the  auditor  refused  to 
receive  or  pay  for ;  and  whereas,  public  printing  to  which  the  said  Trow 
bridge  was  entitled  by  law,  was  withheld  from  him  by  an  officer  or  officers 
of  the  government,  thus  depriving  him  of  the  revenue  or  profits  there 
from,  Therefore  be  it 

Resolved,  The  senate  concurring,  that  the  auditor,  be,  and  is  hereby 
authorized  and  required  to  receive  from  the  said  A.  S.  Trowbridge  the 
commissioner's  books  herein  referred  to,  and  that  upon  delivery  of  said 
books  to  the  auditor,  the  said  Trowbridge  is  hereby  discharged  of  his  in 
debtedness  to  the  state  in  the  amount  of  four  hundred  and  ten  dollars 
aforesaid:  provided,  however,  that  nothing  in  the  foregoing  preamble  and 
resolution,  shall  be  so  construed  as  a  reflection  upon  the  auditor  of  pub 
lic  accounts  for  withholding  printing  from  A.  S.  Trowbridge,  late  public 
printer. 


No.  12.  Joint  Resolution  authorizing  the  Governor  to  procure  and  present 
to  the  Seventh  Regiment,  Virginia  Volunteer  Infantry,  a  suitable  flag. 

Passed  February  4,  1863. 

Resolved,  The  senate  concurring,  that  the  Governor  be  authorized 
and  requested  to  procure  and  present  to  the  7th  Regiment  Virginia  Vol 
unteer  Infantry  a  suitable  flag,  with  the  following  inscription :  "Seventh 
(Union)  Virginia  Volunteers,  Antietam,  September  17th,  1862,"  on  one 
side,  and  on  the  other  side  "Fredericksburg,  Dec.  13th,  1862." 


No.  13. — Joint  Resolution  appropriating  Fifty  Dollars  to  the  Clerk  of  the 
House,  in  addition  to  his  present  compensation. 

Passed  February  4,  1863. 

Resolved,  by  the  General  Assembly,  That  the  sum  of  fifty  dollars  be 
appropriated  to  the  clerk  of  the  house  of  delegates,  in  addition  to  his 
present  compensation,  to  be  paid  out  of  the  appropriation  for  expenses  of 
the  general  assembly. 


JOINT  RESOLUTIONS.  83 

No.  14. — Joint  Kesolution   directing  the  Auditor  of  Public   Accounts  to 
settle  with.  Samuel  W.  Wilson,  Sheriff  of  Hancock  County. 

Passed  February  5,  1863. 

Resolved,  by  the  General  Assembly,  That  the  auditor  of  public  accounts 
be  directed  to  settle  with  Samuel  W.  Wilson,  sheriff  of  Hancock  county, 
and  allow  him  his  delinquent  list  of  land,  property,  capitation  and  license 
tax  for  1860,  if  found  by  the  auditor  to  be  correct,  upon  the  condition 
that  the  said  sheriff  pay  into  the  treasury  any  sums  upon  settlement 
found  due  the  state. 


No.  15. — Joint  Resolutions  in  reference  to  retaliation  and  indemnity. 
Passed  February  5,  1863. 

WHEREAS,  It  is  represented  to  this  General  Assembly,  that  the  rebels 
in  Virginia  have  arrested  and  now  have  confined  in  prisons,  many  loyal 
citizens,  civilians  and  non-combatants,  including  men,  women  and  chil 
dren,  on  the  pretence  of  their  disloyalty  to  the  pretended  southern  con 
federacy  ;  and  whereas,  the  said  rebels  have  robbed  many  of  our  loyal 
citizens  of  large  amounts  of  money  and  property;  therefore,  be  it 

Resolved,  By  the  general  assembly  of  Virginia,  that  the  president  of  the 
United  States  be,  and  he  is  hereby  respectfully  requested  to  order  military 
officers  of  the  general  government  in  this  state  to  retaliate  by  arresting  such 
a  'number  of  known  adherents  to,  or  avowed  sympathizers  with,  the  said 
pretended  confederacy,  as  in  his  opinion  may  be  expedient,  to  be  held  in 
close  confinement  as  hostages,  and  be  subject  in  all  respects,  as  nearly  as 
may  be,  to  the  same  treatment  which  is  imposed  upon  loyal  citizens  by  the 
authority  of  the  said  pretended  confederacy ;  and  to  adopt  such  other  and 
further  measures  as  shall  be  necessary  to  effect  the  release  of  such  loyal 
persons  as  are  now  or  may  hereafter  be  so  arrested  and  confined ;  and  that 
the  president  be  further  requested  to  require  the  military  authorities,  to 
institute  such  measures  as  will  compel  the  rebels  and  those  aiding  and 
assisting  them  in  any  degree  in  the  arrest  and  robbery  of  our  loyal  citi 
zens,  to  fully  indemnify  those  loyal  citizens  for  all  losses  by  said  robberies. 

Be  it  further  resolved,  That  we  fully  and  heartily  endorse  the  course 
pursued  by  General  Milroy  for  the  protection  and  indemnity  of  the  loyal 
ciitzens  of  Western  Virginia,  and  we  respectfully  ask  the  general  govern 
ment  to  sustain  him  in  his  action  looking  to  the  indemnity  of  the  loyal 
citizens  aforesaid,  and  that  the  government  be  requested  to  instruct  the 
militarv  in  this  commonwealth  to  pursue  a  similar  course,  as  we  believe 
that  it  is  the  most  efficient  means  of  protectingHhe  property  of  our  loyal 
citizens. 

Resolved  further,  That  the  governor  be,  and  he  is  hereby  requested  to 


84  JOINT  RESOLUTIONS. 

communicate  the  foregoing  preamble  and  resolutions  to  the  president  of 
the  United  States,  together  with  a  list  of  the  names  and  condition,  so  far 
as  may  be  known  to  him,  of  the  persons  so  held  in  confinement,  or  robbed 
as  aforesaid,  with  such  other  information  pertinent  to  the  subject  as  he 
may  deem  expedient. 


No.  16. — Joint  Resolution  requesting  the  President  of  the  United  States 
and  Secretary^of  War  to  direct  the  transfer  of  the  Seventh  (Union)  Reg- 
ment  Virginia  Volunteer  Infantry  to  the  Western  Virginia  service. 

Passed  Februrry  5,  1863. 

WHEREAS,  it  has  been  represented  to  the  General  Assembly  of  Virginia, 
That  the  seventh  (Union)  regiment  Virginia  volunteer  infantry  has  been  in 
the  service  in  eastern  Virginia,  in  the  army  of  the  Potomac,  during  the 
greater  portion  of  the  time  since  they  were  mustered  into  the  service  of 
the  United  States,  during  which  time  they  have  done  much  hard  service; 
and  that  they  took  a  very  active  part  in  the  battles  of  Antietam  and 
Fredericksburg,  Va.,  during  which  their  losses  were  very  heavy;  and  that 
by  sickness  and  death  during  their  long  campaign  on  the  peninsula,  their 
ranks  have  greatly  reduced,  Therefore  be  it 

Resolved,  by  the  General  Assembly  of  Virginia,  That  the  president  of 
the  United  States  and  the  secretary  of  war,  be,  and  they  are  hereby  re 
quested  to  direct  the  transfer  of  said  regiment  to  the  Western  Virginia 
service. 


SEPARATE  ELECTION  PRECINCTS. 


Accomack — Court-house;  Chingoteague;  New  Church;  Corbin  and 
Fletcher's;  Mapp's;  Guilford;  Newstown;  Onancock;  Pungoteage. 

Albemarle — Court-house;  Lindsay's  Turnout;  Everettsville;  Stony 
Point;  Earleysville ;  Blackwell's;  Free  Union;  Whitehall;  Woodville ; 
Batesville;  Hillsborough;  Crossroads;  Covesville;  Porter's;  Warren; 
Wingfield's;  Milton;  Scottsville;  Monticello  House;  Howardsville. 

Alexandria — Five  districts — identical  with  magisterial  districts. 

Alleghany — Court-house;  Robert  Skeen's  Hotel;  John  0.  Taylor's; 
George  Stull's;  Clifton  Forge ;  Jabez  Johnston's;  Griffith's  Mill ;  Fork  Run. 

Amelia — At  the  same  place  as  magisterial  elections. 

Amherst — New  Glasgow ;  New  Hope ;  Oronoco ;  Chestnut  Grove ;  Folly; 
Temperance;  Pedlar  Mills;  Elon ;  Court-house;  Buffalo  Springs. 

Appomattox — Court-house ;  Union  Academy ;  Wesley  Chapel ;  Hamner's ; 
Spout  Spring;  Oakville. 

Augusta — Court-house;  Waynesborough;  Middlebrook;  Spring  Hill; 
Mt.  Meridian ;  Greensville ;  District  No.  2,  Staunton;  Mt.  Sidney;  Stuart's 
Draft;  Fishersville ;  Churchville;  New  Hope;  Craigsville;  Deerfield;  Mt. 
Solon;  Swoop's  Mill;  Midway;  Newport. 

Barbour — Court-house;  Burner's;  Nutter's;  Bartlett's;  Mitchell's; 
Yeager's;  Glady  Creek;  Holtsberry's;  Coal  Precinct. 

Bath — Court-house ;  Cedar  Creek ;  Hamilton's  ;  Cleek's  Mills ;  Williams- 
ville;  Milton;  Green  Valley. 

Berkeley — Court-house;  Billingre's  Hotel;  Mill  Creek;  Hedgesville; 
Falling  Waters;  Robinson's  Mill;  Gerrardstown ;  Oak  Grove;  Glen  Spring; 
Crossroads. 

Boonc — Court-house,  Adkins'  on  Mud  river,  Adkins'  on  Big  Coal,  Law 
rence's,  Curtiss',  Daniel  Laurel's,  Thompson's  Mill,  Miller's. 

Botetourt — Court-house,  Mountain  Union,  Carver's,  Buchanan,  Rocky 
Point  Mills,  Jackson,  Junction  Store,  Dibrell's  Spring,  Amsterdam. 

Braxton — Court-house,  Triplett's,  Rilney's,  Cool's,  John   Crite's  former 


86  SEPARATE  ELECTION  PRECINCTS. 

residence,    Christian    Moda's   former   residence,  Haymond's   Mill,    Cun 
ningham's,  Saulsberry,  Stenestreet,  Jacob  P.  Conrad's. 

Brooke — At  same  places  as  magisterial  elections,  Goodwill  School  house. 

Brunswick — Court-house,  Benton  precinct,  Trotty's  Store,  Oak  Grove, 
Lucy's  Store,  Smoky  Ordinary,  Nicholson's  precinct. 

Buckingham — Court-house,  Stanton's  shop,  New  Store,  Wright's,  Curds- 
ville,  Allen's. 

Cabell — Court-house,  Guyandotte,  Laidley's  Store,  Spurlock's,  Doolittle's 
Mill,  Barret's  Precinct,  McComas',  Falls  of  Guyandotte,  Kilgore's  Pre 
cinct,  Peter  Buffington's. 

Campbell — Places  the  same  as  for  magisterial  elections. 

Caroline — Court-house,  Eeedy  Church,  Oakley's,  Needwood,  Sparta, 
Pitts',  Port  Royal,  Sycamore,  Golansville,  Madison's. 

Carroll — Court-house,  Polly  Quesenberry's,  Thomas  Quesenberry'e, 
Laurel  Fork,  Kinney's,  Easter's,  Newman's,  Sulphur  Springs,  Richard 
Haynes',  Nathaniel  Haynes'. 

Charles  City — Court-house,  Delarue's,  Ladd's,  Waddell's,  Apperson's, 
Vaiden's. 

Charlotte — Court-house,  Keysville,  Smith's  Tavern,  Clement's,  Wylies- 
burg,  Roby's  Shop,  Hawrey's  Store,  Matthews  &  Smith's  Store. 

Chesterfield — Court-house,  Britton's  Shop,  Shell's  Tavern,  Manchester, 
Robinson's  Store,  Clover  Hill. 

Clarke — Court-house,  Russell's  Tavern,  White  Post,  Millwood,  Royston'e 
Tavern,  Collier's  Toll-gate. 

Craig — Court-house,  Carper's  Tavern,  Walker's  Store,  Scott's  Tavern, 
Martin  Huffman's  George  Sarver's. 

Culpeper — Court-house,  Rixyville,  Colvin's,  Stevensburg,  Pottsville, 
Gathright's,  Wellsborough,  Griffinsburg. 

Cumberland — Court-house,  Tavern  Precinct,  Oak  Forest,  Irwin's. 

Dinwiddie — Court-house,  Billups',  Goodwynsville,  Williams'  Shop,  Dar- 
vill's,  Williams',  Sutherland's. 

Doddridge — Court-house,  Allen's,  Bond's,  Key's,  Davis'. 
Elizabeth  City — Court-house,  Liveley's  Ordinary,  Fox  Hill. 

Essex — Court-house,  Occupacion,  Lloyd's,  Miller's,  Bestland,  Centre 
Cross. 

Fairfax — Court-house,  Crossroads,  Arundel's,  Sangster,  Ross',  Bowden's 


SEPARATE  ELECTION  PRECINCTS.  87 

(Springvale),   Anandale,  West  End,  Accotink,  Centreville,  Falls  Church, 
Fars,  Bayless,  Pulman's. 

Fauquier — Court-house,  Plains,  Salem,  White  Ridge,  Farrowsville,  Or 
leans,  Liberty,  Morrisville,  Paris,  New  Baltimore,  Rectortown,  Weavers- 
ville,  Upperville. 

Faydtc — Court-house,  Blake's,  Gauley  Bridge,  Fleshman's,  Lewis', 
Keeney's,  Terry's,  Coleman's. 

Fluvanna — Court-house,  Howard's  Store,  Columbia,  Morris'  Store, 
Kent's  Store,  Haden's  Store,  Bashan  and  Snead's,  Bledsoe's,  Union  Grove, 

FrarJdin — Court-house,  Allen's,  Union  Hall,  Booth's  Store,  McVey's 
Tanyard,  Helm's.  Dickerson's,  Kinsey's,  Richland  Grove,  Bush's  Store, 
Sydnorsville,  Snow  Creek,  Aldridge's  Store. 

Frederick — Court-house,  Engine-house,  Gwinn's  Tavern,  Hoover's  Tav 
ern,  Newtown,  Middletown,  Russell's,  Anderson's,  Brucetown,  Swheir's, 
Cole's  School-house,  Pughtown. 

Giles — At  the  same  places  as  magisterial  elections,  Howe's  Hotel. 

Gilmer — Court-house,  Jerkland,  Burke's  Widow  Stumps,  De  Kalb's, 
Peregrine  Hays',  Knotts',  Hewett's,  Troy. 

Ooochland — Court-house,  Little  Store,  Perkinsville,  Smith's  Shop, 
Mill's,  Holland's,  Poor's,  Jennings'. 

Gloucester — Places  the  same  as  for  magisterial  elections. 

Greenbrier — Court-house,  Blue  Sulphur  Springs,  Lick  Creek,  Anthony's 
Creek,  Spring  Creek,  Southside,  Lewisburg,  White  Sulphur,  Miller's;  Irish 
Corner,  Williamsburg,  Frankfort. 

Greene — Court-house,    Ruckersville,  Terrill  Shiflett's,   McMullansville. 

Greensvillc — Court-house,  Ryland's  Depot,  Blunt 's  Mill,  Poplar  Mount. 

Halifax — Court-house,  Meadesville,  Mount  Carmel,  Halifax  Springs, 
High  Hill,  Hudson's,  Garret's  Store,  Whiteville,  Republican  Grove, 
Brooklyn. 

Hampshire — Court-house,  John  Liller's,  Miers',  Burlington,  Taylor's, 
Doyles',  Thompson's,  Lupton's,  Eisner's,  Lovett's,  Mrs.  Offutt's,  Stump's, 
Fority,  Sherrard's  School-house,  Hash's,  Blair's,  Arnold's,  Piedmont. 

Hancock — Court-house,    Holliday's    Cove,    New    Manchester,    Aton's, 
School-house. 

Hanover — Court-house,  Hughes',  Jones'  Crossroads,  Negrofoot,  Dentons- 
ville,  Cold  Harbor,  Ashland. 


88  SEPARATE  ELECTION  PRECINCTS. 

Harrison — Court-house,  Shinnston,  Union  Meeting-house,  West  Milford, 
Lumberport,  Bridgeport,  Davis',  Lynch's,  Sardis,  Swisher's  Mills,  Rockford 
School-house. 

Henrico — Court-house,  Kidd's,  Sweeney's,  Alley's,  Lovingsteine's,  Dick- 
man's,  Hughes',  Walkerton,  Hungary. 

Henry — Court-house,  Rough  and  Ready,  Irisburg,  Oak  Level,  Leather- 
wood,  Ridgeway,  Horse  Pasture. 

Highland — Monterey,  Ruckmansville,  Wiley's,  Crab  Bottom,  Doe  Hill, 
McDowell,  Pullin's  School-house,  Gwin's. 

Jackson — Ripley,  Click's,  Jones',  Range's,  California,  Depue's,  Three 
forks  of  Reedy,  Trumansville,  Ravenswood,  School-house  near  Staat's, 
Murrayville,  Moor's  Mill,  McGrew's  Mill,  Reed's  (in  place  of  Sandyville.) 

James  City — Court-house,  Burnt  Ordinary,  York  river. 
'Jefferson — Eight  districts — Places  the  same  as  for  magisterial  elections. 

Kanawha — Court-house,  Fleetwood's,  Richard's,  Bradley  Low's,  Atkin 
son's  Mill,  Altz's,  Couts'  Mouth,  Dog  Creek,  Givens',  Maiden,  Fork  Coal, 
Harper's,  Gatewood's,  Mouth  Sandy,  Brooks'  Store. 

King  George — Court-house,  Hampstead,  Clifton,  Shiloh. 

King  d  Queen — Court-house,  Clark's  Store,  Stevensville,  Newtown, 
Centreville. 

King  William — Court-house,  Plain  Dealing,  Aylett's,  Lanesville. 
Lancaster — Court-house,  Litwalton,  Kilmanock,  White  Stone. 

Lewis — Court-house,  McLaughlin's  Store,  Jane  Lew,  Freeman's  Creek, 
Skin  Creek,  Hall's  Store,  Leading  Creek,  Collins'  Settlement. 

Logan — Same  places  as  for  magisterial  elections. 

Loudoun — Court-house,  Waterford,  Lovetsville,  Hillsborough,  Waters', 
Purcell's  Store,  Snickersville,  Union,  Middleburg,  Mt.  Gilead,  Gum  Spring, 
Whaley's,  Goresville. 

Xowwa-Court-house,  Free  Union,  Hopkins'  Mill,  Trevilian's,  Bell's  Cross 
roads,  Walton's  Tavern,  Ten-ill's  Store,  Parrish's  Store,  Frederickshall, 
Bumpass'  Turnout,  Thompson's  Crossroads,  Isabell's  Store,  Hope's  Tavern, 
Gentry's  Store,  Cosby's  Tavern. 

Luncnburg — Court-house,  Brown's  store,  Pleasant  Grove,  Knight  and 
Oliver's  Mill,  Lochlomond,  Bagley's  Store,  Jordon's  Store. 

Madison — Court-house,  Stony  Hill,  Criglersville,  Huffman's  Mill,  Graves' 
Mill,  Rapidan  Meeting-house,  Fleshman's  Shop,  Locust  Dale. 


SEPARATE    ELECTION    PRECINCTS.  89 

Marion — Places  the  same  as  those  for  magisterial  elections,  and  at  Glo- 
rer'3  Gap. 

Marshall — Court-house,  Pleasant  Hill,  Jones'  Hotel,  Bleak's  School- 
house,  Parsons'  Precinct,  Mouth  of  Fish  Creek,  Sand  Hill,  Crossroads, 
Smart's  School-house,  Barley's,  Terrill's  School-house,  Big  Run,  Fair  View, 
Linn  Camp. 

J[/aso?i-Court-house,  Berriage  Precinct,  Love  Precinct,  Barnett  Precinct, 
West  Columbia,  Neaso  Precinct,  Eighteen  Mile  Precinct,  Grigg's,  Sixteen 
Mile  Precinct,  Thirteen  Mile  Precinct. 

Matthews — Same  places  as  for  magisterial  elections. 
Mecklenburg — Court-house,  Jones',  Edmundson's  Clarkesville,  Reeke's, 
Overby's,  Wright's,  Harwell's,  Christiansville,  Gillespie's. 
Middlesex — Jamaica,  Saludo,  Sandy  Bottom. 

Monongalia — Court-house,  Guseman's,  Jones',  Osburn's,  Ross',  Lofter's, 
Cassville,  Cristiman's,  Laurel  Point,  Cox's,  Moore's  River,  Tenant's,  Dow- 
all's,  Warren,  Arnett's 

Monroe — Court-house,  Dickson's,  Miller's  Store,  Rollinsburg,  Mrs.  Peck's, 
Red  Sulphur,  Hayne's,  Centreville. 

Montgomery — Court-house,  Guerrant's,  Peterman's,  Price's,  Forks,  Keis- 
ter's,  Crumpacker's,  Layfayette,  Kent  andMcConkey's,  Rough  and  Ready, 
Lovely  Mount. 

Morgan — Court-house,  Lowe's,  Baker's,  Bazzoc  Shockey's,  Swann's,  Mil 
ler's. 

Nansemond — Court-house,  Hargrove's  Tavern,  Harrison's  Shop,  Holly  - 
neck,  Chuckatuck,  Somerton,  Darden's  Store,  Cypress  Chapel. 

Nelson — Fortune's,  New  Market,  Faber's  Mill,  Greenfield,  Massie's  Mill, 
Roberts'. 

New  Kent — Court-house,  Barhamsville,  Chandler's  Store,  Ratcliff' s  Ta 
vern. 

Nicholas — Court-house,  Taylor's,  Brown's,  Neil's,  Dunbar's,  Nutter's, 
Sawyer's,  Pierson's. 

Norfolk  City— Four  Wards. 

Norfolk  County — Court-house,  Glebe  School-house,  Sycamore's,  Deep 
Creek,  School-house  District  No.  2,  School-house  in  Providence,  Pleasant 
Grove  School-house,  Butts'  Road  School-house. 

Northampton— Court-house,  Bay  View,  Franktown,  Johnsontown,  Cape- 
ville. 


90  SEPARATE  ELECTION  PRECINCTS. 

Northumberland — Court-house,  Lottsburg,  Burgess'  Store,  Wicomico. 

Nottoway — Court-house,  Jennings'  Ordinary,  Wilson  and  Jones',  Black- 
fare. 

Ohio — M'Connell's,  West  Liberty,  Atkinson's,  Triadelphia,  1st  Ward 
Hose  House,  Court  House,  4th  Ward  Hose  House,  5th  Ward  School  House. 

Orange — Court-house,  Barboursville,  Thomas  Smith's,  Thomas  Rhoade'e, 
Locust  Grove. 

Page — Court-house,  Honey ville,  Oakham,  George  Price's  Mill,  Spring 
field, 'Mover's  Mill,  Rileysville,  Prunty's  Mill. 

Patrick — Court-house,  Robertson's,  Aldridge's  and  Lee's,  Penn's  Store, 
Carter's  Store,  Hancock's,  Elamsville,  Slusher's,  Connor's,  Slitter's,  Gates', 
Mankin's. 

Pendleton — Franklin,  Harper's,  Riser's,  Vint's,  Cowyer's  Mill,  Mallow's, 
Seneca,  Circleville. 

Petersburg— Centre  Ward,  East  Ward,  South  Ward,  West  Ward. 

Pittsylvania — Court-house,  Danville,  Spring  Garden,  Whitmell,  Cascade, 
Smith's,  Beaver's,  Raceville,  Rorer's,  Strail's  Store,  White's,  Laurel  Grove, 
Chalk  Level,  Mooman's. 

Pleasants — Court-house,  Spring  Run,  Sugar  Creek,  Gorrel's,  Hale'sMill, 

Pocahontas — Four  districts — Places  of  election  the  same  as  for  magis 
trates. 

Powhattan — Court-house,  Clark's  Mill,  Macon,  Sublett's. 

Preston — Brandonville,  Miller's,  Burnel's,  Feather's,  Summit  School- 
house,  Germany,  Graham's,  Gordon's,  Kingwood,  Martin's,  Independence, 
Evansville,  Brown's,  Funk's. 

Princess  Anne — Court-house,  Kempsville,  London  Bridge,  Capp's  Shop, 
Creed's  Bridge,  Blackwater. 

Prince  Edward — Court-house,  Marble  Hill,  Spring  Creek,  Prospect, 
Farmville,  Sandy  River. 

Price  George — Court-house,  City  Point,  Lilley's  School-house,  Tuttle'a 
Precinct,  Harrison's  Store,  Templeton. 

Prince  William — Dumfries,  Cole's,  Occoquan,  Reeve's,  Brentsville, 
Kinchelon's,  Hay  market,  Ludley. 

jPwfos£i-Court-house,  Brown's,  Galbreath's,  Ruper's,  Thorn  Spring  Camp. 

Putnam — Court-house,  Bailey's,  Pocatalico,  Alexander's,  Red  House, 
Jones',  Hurricane  Bridge,  Wheeler's,  Buffalo,  Eighteen  Mile  Precinct. 


.;ATE  ELECTION  PEECINCTS.  91 

Raleigh — Same  A   ices  as  magisterial  elections. 
Randolph — C^urc-house,  Pennington's,  Minear's,  Taylor's,  Kemp's,  Lee. 

Rappahannock — -Washington,  Sperryville,  Yates',  Amissville,  Catharine 
Deatheridge. 

Richmond  City — Jefferson  Ward,  Madison  Ward,  Monroe  Ward. 

Richmond  County — Court-house,  Stony  Hill,  Tavern-house,  Farnliam 
Church,  Lyell's  Store. 

Ritchie — Harrisville,  Skelton's,  Leedan's,  Ireland's,  Deems',  Rawson's, 
Tebbs',  Murphy's. 

Roanoke — Court-house,  Big  Lick,  Cave  Spring,  Barnett's. 

Rockbridge — Court-house,  Brownsburg,  Fairneld,  Natural  Bridge,  Col- 
lierstown,  Keer's  Creek,  Trevey's,  Hamilton's  School-house,  Paxton's 
School-house,  Wilson's  Shop,  Broad  Creek,  Goshen. 

Rockingham — Harrisonburg,  Keezletown,  McGaheysville,  Conrad's 
Store,  Spar.tapolis,  Henton's  Mills,  Gordon's  Store,  Bowman's  Mill,  Tim- 
berville,  Menonite  School-house,  Bridgewater,  Ottobine,  Wittig's  Store, 
Sprinkle's  Store,  Taliaferro's  Store,  Port  Republic,  Mount  Crawford,  Sam 
uel  Coot's. 

Russell — Court-house,  Grizle's,  Pound,  Holly  Creek,  Guest's  Mountain, 
Castlewood's  Fugate's,  Hanson's,  Aston's  Store,  Cook's  Mills,  Dorton's, 
Baylor's  Store,  Gibson's,  Hendrick's  Store. 

Scott — Court-house,  Wineger's,  Hart's,  Smith's,  Puilleng's,  Nickelsville, 
Alleys,  Osborne's  Ford,  Stony  Creek,  Peters',  Rye  Cove,  Carter's,  Neil's, 
Roller's. 

Shenandoah — Court-house,  Strasburg,  Crossroads  Meeting-house,  Con 
ner's  Church,  Town  Hall,  Keller's  School-house,  Edinburg,  Columbia  Fur 
nace,  Mount  Jackson,  Crossroads  School-house,  New  Market,  Forrestville. 

Smyth — Court-house,  Broad  Ford,  Hays',  Sanders',  St.  Clair's  Bottom, 
Burton's  Store,  Ashlin's,  Atkins'. 

Spotsylvania — Court-house,  Fredericksburg,  Mount  Pleasant,  Andrew's, 
Chancellor's. 

Stafford—  Court  -house,  White  Oak,  Master's,  Tackett's  Mill,  Falmouth, 
Coakleys,  Harwood's,  Acquia. 

Southampton — Court-house,  Drewrysville,  Crosskeys,  Joyner's,  Mur- 
fee's,  Black  Creek  Church,  Berlin,  Faison's  Store. 

Surry — Four  districts — At  the  same  places  as  for  election  of  magistrates. 
Sussex — Court-house,  Comann's  Mill,  Henry,  Stony  Creek,  Newville, 
Owen's  Store. 


92  SEPARATE  ELECTION  PRECINCTS. 

Taylor — Court-house,  Mahaney,  Grey's,  Claysville,  Knottsville,  Hay- 
mond's,  Fetterman,  Grafton. 

Tazewcll — Court-house,  Repass,  Tiffany's,  Mouth  of  Slate,  Gibson's, 
Crabtree's,  Litzeville,  Liberty  Hill,  Tugg. 

Tyler — Court-house,  Centreville,  David  John's,  Hammond's,  Under 
wood's,  Dancer's,  Sistersville,  Pleasant  Mills. 

Upshur — Court-house,  Reedy  Mills,  Simpson's  Mill,  Posty,  Marples, 
Marshall's,  Chesney's. 

Warren — Court-house,  Boyd's  Mill,  Bentonville,  Leary's  School-house, 
Cedarville,  Howellsville. 

Warwick — Three  precincts — The  same  as  for  election  of  magistrates. 

Washington — Court-house,  Clark's,  Davis',  Waterman's,  Merchant's, 
Gobble's,  Mills',  Worley's,  Williams',  Morrell's,  Fallen's  School-house, 
Clark's,  Kelly's  School-house,  Delusko  Mills,  Ons1,  Miller's,  Good  Hope, 
Green  Spring. 

Wayne — William  Crums.     (No  other  returned.) 
Westmoreland — Court-house,  Hague,  Warrensville,  Oak  Grove. 

Wctzel — Court-house,  Forks  of  Proctor,  Knob  Fork,  Church's,  Cohorn's, 
Ice's,  Willey's  School-house. 

Williamsburg — Court-house. 

Wirt — Court-house,  Foster's,  Petty 's. 

Wood — Precincts  at  the  same  place  as  election  for  migistrates. 

Wyoming — Court-house,  Gad's,  Rhinehart's,  McKinney's,  Bailey's,  Les 
ter's. 

Wythe — Eight   districts — Precincts  at  same   places  as  for  election  of 

magistrates. 

Yorlc — Three  districts — Precincts  at   the  same  places  as  for  election  of 

magistrates. 


A  LIST  OF  COMMISSIONERS 

In  other  States,  &c.,  appointed  by  the  Executive,  of  Virginia  during  the  years  1858 
and  1859,  with  the  Residence  and  Date  of  Appointment  of  each  Commissioner — 
also  the  Date  when  Evidence  of  his  Qualification  was  filed, 

[The  term  of  office  of  commissioner  is  two  years.] 


States,  Ac. 

Names  of  Commissioners 

Residence. 

Date  of 
Appointment. 

When  evidence   of 
Qualification  filed. 

Alabama, 

Wiley  T.  Hawkins 

Florence 

Feb.    26,  1858 

Mar.    24,  1858 

(i 

Asher  Clarkson 

Sumpter  co. 

May    16,  1859 

May     28,  1859 

u 

H.  B.  Holcombe 

Mobile 

July    19      " 

Sept.   26     " 

Arkansas, 

Moses  H.  Eastman 

Little  Rock 

Aug.  29      "     |No~t  filed. 

a 

James  H.  Gray 

Jackson  co. 

Sept.  12      " 

a 

California, 

Sam'l  Hermann,  jr.    !  San  Francisco 

Jan.    26,  1858 

a 

a 

L.  W.  Sloat                              do 

Feb.    18      " 

a 

(( 

A.  K.  Grin                    Sacramento  city 

Mar.    17      " 

May"    15,  1858 

u 

F.  J.  Thibault               San  Francisco 

Aug.   16      "      Dec."   14     u 

11 

Wm.  B.  Latham,  jr. 

Marysville,     Yu- 

ba  county 

Sept.  14     " 

Not  filed. 

a 

Robert  C.  Page 

San  Francisco 

April  27,  1859 

Sept.    14,  1859 

(( 

William   G.  English 

Sacramento 

May    16      " 

Aug.    12     " 

a 

C.  J.  Brenham 

San  Francisco 

July    13      "     (Sept.    12     " 

u 

George  Fisher 

do 

Aug.    12      " 

Dec.      2     " 

it 

John  Banning 

do 

Nov.   29      " 

Not  filed. 

Connecticut, 

Hubbard  Arnold 

New  Haven 

Jan.    30,  1858 

•a 

a 

Edward  Goodman 

Hartford 

Feb.      5      " 

Feb.     16.  1858 

(i 

Charles  J.  Hoadley 

do                     jApril  17      "     iMay       5'    " 

a 

Charles  Whittlesey 

do                      July    15,  1859  July     21,  1859 

Delaware, 

William  B.  Wiggins 

Wilmington          [July    10,  1858  [Sept.   21,  1858 

Die.  Columbia, 

Anthony  Hyde 

Georgetown 

Feb.      5      " 

Feb.    23     " 

tt 

Charles  De  Selding 

Washington 

Mar.   27      " 

Mar.    31     " 

a 

S.  S.  Williams 

do 

July    17      " 

Not  filed. 

u 

Nicholas  Callan 

do 

July    30      " 

Aug.      2,  1858 

a 

John  McKenney 

do 

Sept.     4      " 

Oct.       7     " 

-a 

J.  S.  Hollingshead 

do 

Sept.     4      " 

Dec.    11     " 

a 

William  S.  Clary 

do 

Sept.  13      " 

Not  filed. 

a 

Frederick  Callan 

do 

Oct.      4     " 

a 

tt 

Robert  White 

Georgetown 

Feb.    24,1859 

Mar.      4,  1859 

a 

A.  8.  Meyer 

Washington 

April    7      " 

April  15     " 

Florida, 

Aristides  Doggett 

Jacksonville 

Mar.   20,  1858 

Not  filed. 

» 

)scar  Hart 

do 

May    24      " 

a 

a 

M.  P.  de  Rioboo 

Pensacola 

Dec.     2      « 

14 

Georgia, 

A.  H.  H.  Dawson 

Savannah 

Feb.    18     " 

a 

a 
Illinois. 

^rank  H.  Miller 
3hilip  A.  Hoyne 

Augusta 
Chicago 

June  21      " 
April    6      " 

July     12,  1858 
April  17     " 

it 

John  H.  Magill 

do 

Aug.     9      " 

Not  filed. 

u 

Gerhard  Forenaan 

do 

Aug.   13      u 

Sept.    18,  1858 

II 

0.  R.  W.  Lull 

do 

Sept.  21      " 

Nov.    23     " 

a 

Samuel  C.  Smith 

do 

Dec.     7      " 

Jan.     13,  1859 

a 

jeorge  H.  Stone 

Peoria 

Mar.   28,  1859 

June    10     " 

II 

George  Wilmot 

do 

Sept.  28     " 

Oct.     20     " 

(i 

Nelson  Thomasson 

Chicago 

Dec.   20      " 

Not  filed. 

Indiana, 

William  Y.  Wiley 

Indianapolis 

June   15      " 

June    25,  1859 

Iowa, 

Samuel  M.  Rankin 

Keokuk 

July    29      " 

Not  filed. 

Kansas, 

E.  F.  Havens 

Leavenworth  city 

May    24,  1858 

Kentucky, 

Daniel  W.  Lindsey 

Frankfort 

Feb.    15     " 

a 

u 

John  A.  Monroe 

do 

Mar.   25      " 

April  15,  1858 

94 


COIL;  ' 


"US  OF  DEEDS. 


States,  &c. 

Names  of  Commissioners. 

Residence. 

Date  of 
Appointment. 

When  evidence  of 
Qualification  filed. 

Kentucky, 

u 

Joseph  B.  Kinkaid 
W.  H.  Cunningham 

Louisville 
Henderson  co. 

Aug.   25,  1858 
Sept.  16      " 

Sept.   15,  1858 
Sept.    16   -.." 

tt 

John  T.  Dye 

Maysville, 

Dec.      3      " 

Not  filed. 

a 

Chas  L.  Thompson 

Louisville 

June  15,  1859 

a 

Louisiana, 

George  L.  Hill 

New  Orleans        !Mar.     3|  1858 

Mar.    19,  1858 

a 

Wm.  Shannon 

do 

May    28      " 

June      4     u 

it 

Arthur  C.  Waugh 

do 

July      8      " 

Not  filed. 

tt 

tt 

Henry  Pitts                   Shreveport 
Adolph  Mazureau       'New  Orleans 

Oct.       6      " 
Jan.    20,  1859 

tt 
it 

a 

Walter  H.  Peters                do 

April    8      " 

April  22,  1859 

it 

Charles  W.  Pope         Baton  Rouge 

June  20     " 

Not  filed. 

tt 

De  Witt  C.  Jones 

Bayou  Sara 

Oct.      8      " 

it 

Maryland. 

W.  K.  Falls 

Baltimore  city 

Feb.    18,1858 

tt 

Ju 

Jabez  D.  Pratt 

do 

Mar.   28      " 

Mar.    17,  1858 

tt 

A.  H.  Pennington 

do 

Mar.    31      " 

Mar.    31     " 

it 

James  B.  Latimer 

do 

April    1      " 

April  26     " 

tt 

Joseph  T.  Atkinson 

do 

May    25      " 

May    24     " 

it 

Dalyrmple  Williams 

do 

May    14      " 

May    26     " 

u 

John  M.  Torney 

do 

Sept.     1      « 

Sept.    22,  1859 

tt 

John  H.  Parkhill 

do 

Oct.    21      " 

Oct.     27     " 

tt 

John  R.  Kenley 

do 

Mar.     8,  1859 

Mar.    11     " 

tt 

F.  Mearis,                                 do 

Sept,  22     " 

Not  filed. 

it 

John  R.  D.  Bedford  I  Baltimore  co. 

Oct.    15      " 

ti 

11                 |E.  R.  Sprague             I  Baltimore  city 

Oct.    27      " 

Oct.     31,  1859 

Massachusetts, 

J.  R.  Coolridge 

Boston 

Jan.    30,  1858 

Mar.      5,  1858 

tt 

George  T.  Angell 

do 

April    1      " 

Mar.     31     " 

it 

Chas.  B.  F.  Adams 

do 

April  15      " 

April   21     " 

it 

Benj.  H.  Currier 

do 

Mav      6      " 

May       6     " 

tt 

J.  H.  Buckingham 

do 

Juiie  21      " 

Sept.  17,  1858, 

and  resigna 

tion  received 

Jan.  24,  1859 

tt 

N.  T.  Leonard             Westfield 

Jan.    18.  1859 

Jan.      31     " 

tt 

W.  E.  P.  Smyth          !  Boston 

Jan.    24      " 

Not  filed. 

tt 

Elihu  C.  Baker 

do 

June  27      " 

u 

tt 

Abram  G.  Randall     IMilbury,  Worces 

ter  county 

July    30      " 

u 

tt 

Benjamin  Pond           'Boston 

Dec.      6      " 

u 

Michigan, 

Wm.  J.  Waterman     j  Detroit 

June  18,  1859 

June    25,  1859 

Minnesota,         Edward  G.  Odioine    jSt.  Paul 
"              I  Theodore  Read                do 

Mar.   16,1858 
May    18     " 

Dec.     16,  1858 
Not  filed. 

Missisippi, 
Missouri, 

B.  W.  Walthall 
Th.  H.  Teagarden 

Holly  Springs 
St.  Louis 

Mar.     7,  1859 
Feb.     4,  1858 

Mar.    22,  1859 
Not  filed. 

it 

Jas.  E.  Jenkins 

do 

Mar.     5     " 

1  1 

it 

T.  A.  Russell 

Kansas  city, 

Jackson  co. 

Mar.   26      « 

it 

tt 

Jas.  R.  Goff 

St.  Louis              (April  14      " 

May     15,  1858 

tt 

Edw'd  W.  Shands 

do                    iMay    11      " 

June    12     " 

tt 

Robert  Stevens 

do                       May    28      " 

June    21     " 

it 

H.  S.  Schuermann 

do 

Sept.    2     " 

Sept.   21     " 

it 

James  Hall 

Kansas  city 

Oct.      8     " 

Mar.    16,  1859 

it 

C.  W.  Bryan 

Hannibal,    Mari 

on  county 

Feb.       7,  1959 

Mar.    23,  1859 

a 

John  A.  Foster 

Springfield, 

Greene  co. 

Mar.     9     " 

Mar.    28     " 

it 

Joel  G.  Harper 

St.  Louis 

Sept.  20     " 

Oct.       1     " 

tt 

Matthew  R.  Cullen 

do 

Oct.     24     " 

Not  filed. 

tt 

Wm.  H.  Brand 

Boonville 

Nov.  23      " 

Dec.      5,  1859 

New  Jersey, 

James  M.  Cassady 

Camden 

Aug.  30,  1858 

April  16     " 

it 

John  J.  Searing 

Newark 

Mar.   14,1859 

Mar.    19,  1859 

COMMISSIONERS  OF  DEEDS. 


95 


States,  &c. 

Names  of  Commissioners. 

Residence. 

Date  of 

Appointment. 

When  evidence  of 
Qualification  filed. 

New  Jersey, 

William  Burnett 

Jersey  city 

Dec.    15,1858  1  Not  filed. 

New  York, 

Michael  L.  Killer 

New  York  city 

Jan.    16,  1858   Jan.     25,  1858 

a 

H.  H.  Woods 

do                Jan.    30      "     1  Not  filed! 

it 

G.  S.  Hutchinson 

do               iFeb.    15      "     I  Mar.      3,  1858 

tt 

Jalvin  N.   Northrop 

New  York  city     iFeb.    25,1858   Aug.    10,  1858 

tt 

Jos.  C.  Lawrence 

do                Mar.     5      "     I  Mar.    31     " 

tt 

3has.  J.  Bushnell 

do               April    1      "      Mar.    17    " 

it 

Win.  C.  Ford 

Brooklyn                April  15      "      April     6     " 

it 

Mosses  B.  Maclay 

New  York  city      Mar.  31      "      Mar.     17     " 

it 

a 

Augustin  P.  Mange 
Henry  E.  Marvin 

do                 Mar.   15      "      Mar.    20     " 
do               |Mar.  30      "      April  26     " 

a 

Daniel  *      Porter 

do               |Mar.  31      "      Not  filed. 

a 
it 

Juliua  li.  Ponieroy 
Rob't  P.  Neale 

Brooklyn               i  April  10      "      April  17,  1858 
New  York  city     |  April  17      u      Not  filed. 

tt 

3enj.  A.  Hedgman 

do               j  April  17      "     iMay       1,  1858 

it 

tt 

T.  L.  Marcellus 
Wm.  Brooke 

do                April  17      "     .April  20     " 
do                April  19      "      Not  filed. 

it 

Benj.  A.  Lavander 

do                April  22      " 

May       1,  1858 

it 

Zephaniah  Platt 

do               April  26      "     I  May     15     " 

it 

Wm.  J.  Sinclair 

do 

May    20      "      May       1 

it 

Amasa  C.  Mooro 

do 

April  26      "      Dec.       6     " 

tt 

3has.  H.  Smith 

do 

May      1      "     ISep.     14     " 

it 

R.  A.  Watkinson 

do 

May   21      "      June     7     " 

li 

Edwin  F.  Corey,  sr. 

do 

May    28      "      June      4     " 

tt 

Edwin  F.  Corey,  jr. 

do 

May    28      " 

June     4 

tt 

Thos.  L.  Thornell 

do 

May    31      " 

June      5     " 

tt 

Daniel  Seixas 

do 

June     4      " 

June    14     " 

it 

W.  R.  L.  Ward 

do 

June  11      " 

June    16     " 

tt 

Henry  H.  Bostwick 

Auburn, 

July    31      " 

Aug.    25     " 

tt 

James  W.  Hale           |New  York  city 

Aug.     6      " 

Not  filed. 

tt 
ti 

Henry  C.  Banks 
Sylvester  Lay 

do 
do 

Aug.     6      "      Aug.   12,  1858 
Aug.     9      "      Sep.       4     " 

it 
tt 

Lewis  Hurst 
William  Birney 

Brooklyn 
New  York  city 

Aug.     9      " 
Aug.  12      " 

Not  filed. 
Oct.      4,  1858 

it 

Henry  Dunlap 

do 

Aug.  18      " 

Sep.     15     " 

it 

tt 

Gordon  L.  Ford          j  Brooklyn 
John  M.  -McKinney     New  York  city 

Sep.      9      " 
Sep.    11      " 

Sep.     15     " 
May     19,  1859 

tt 
tt 

James  D.  Hall 
Solomon  Dingee 

Brooklyn 
New  York  city 

Sep.    13      " 
Nov.     5      " 

Not  filed. 
Mar.    12,  1859 

ti 

Joseph  G.  Wilson 

do 

Nov.  22      u     [Nov.   29,'  1858 

tt 

A.  R.  Woods 

do 

Nov.  22     "     |Dec.      I     " 

it 

T.  C.  Callicot 

do 

Dec.     2      "     iDec.    10     " 

it 

F.  E.  Houghton 

do 

Dec.  27      " 

Jan.     14,  1859 

tt 

H.  L.  Emmons,  jr. 

do                Jan.      3,  1859 

Jan.     10     " 

it 

Marcus  D.  Larrowe 

do                Jan.      3      "      Not  filed. 

it 

Thurber  Bailey 

do                Jan.      5      "      Jan.     17,  1859 

ti 

Charles  Nettleton 

do 

Jan.      5      "      Feb.      9     " 

tt 

D.  C.  Osborne            ''Troy 

Feb.    11      "      Not  filed. 

it 

W.  C.  H.  Waddcll     |New  York  city 

Feb.    24      " 

Mar.      7,  1859 

ti 

Horace  Andrews 

do 

Feb.    28      " 

Mar.      4     " 

it 

H.  P.  Randolph 

do 

May    10      "      May     19     " 

it 

James  C.  Carlisle 

do 

May    12     "     Not  filed.  • 

it 

Allan  Rutherfoord 

do 

May    14      "     iMay     19,  1859 

it 

Edward  Bissell 

do 

May    14     "      May     19     " 

tt 

William  Furniss 

do 

June  20     "      Not  filed. 

it 

J.  B.  Nones, 

do 

Aug.  10     "      July    30,  1859 

u 

Fred'k  Vincent,  jr. 

do 

Aug.     4      "     INot  filed. 

it 

Benjamin  Rankin 

do 

Sept.  17      " 

Sep.    23,  1859 

it 
it 

John  A.  Corey 
N.  William  Busteed 

Saratoga  Springs  Sept.  22      " 
i  New  York  city     lOct.    13      " 

Not  filed. 
Nov.   25,  1859 

96 


COMMISSIONERS  OF  DEEDS. 


States,  &c. 

Names  of  Commissioners. 

Residence. 

Date  of 
Appointment. 

When  evidence  of 
Qualification  filed. 

New  York, 

John  Livingston 

New  York  city 

Oct.    29,  1859 

Not  filed. 

a 

A.  Van  Sinderin 

do 

Nov.    12      " 

Not  filed. 

(j 

Alex'r  Ostrander 

do 

Nov.  30      " 

Dec.      7,  1859 

n 

James  E.  Hadnett 

do 

Dec.   20      " 

Not  filed. 

il 

Francis  A.  Hall 

do 

Dec.    24      " 

Dec.     28,  1859 

Ohio, 

Sam'l  S.  Carpenter 

Cincinnati 

Jan.    27,  1858 

Feb.      4,  1868 

it  ' 

E.  A.  Thompson 

do 

Jan.    30      " 

Feb.       8     " 

it 

Alex'r  H.  McGuffey 

do 

Mar.      5      " 

April     8     " 

n 

Edward  R.  Newhall 

do 

May     24      " 

Aug.    12     " 

it 

Robert  A.  Folger 

Starke  county 

May     28      " 

Not  filed. 

(i 

John  A.  Lynch 

Cincinnati 

June    17      " 

Sep.    30,  1858 

it 

James  Parker,  jr. 

do 

Sep.     15      " 

Sep.     30     " 

u 

John  G.  Douglass 

do 

Dec.    22      " 

Jan.       5,  1859 

a 

John  P.  Jackson 

do 

Oct.    12,  1859 

Not  filed. 

n 

John  H.  Piatt 

do 

Nov.    12      " 

Nov.    22,  1859 

Pennsylvania. 

Jonathan  H.  Waters 

Philadelphia 

Jan.     11,  1858 

Jan.    22,  1858 

Ju 

1  1 

David  H.  Hazen         iPittsburg 
J.  P.  Montgomery      'Philadelphia 

Jan.     30      " 
Mar.    31      " 

Feb.      5     " 
Mar.    22     " 

n 

John  Binns 

do 

Mar.    31      " 

April     2     " 

a 

Arthur  M.  Burton 

do 

April     1      " 

April     7     " 

a 

John  H.  Frick 

do 

April     1      " 

April  21     " 

a 

Franklin  Shippen 

do 

April     6      " 

April  10     " 

n 
u 
n 

D.  W.  Hutchison 
Hugh  W.  Tener 
H.  W.  Safford 

Erie 
Philadelphia 
do 

April  17      " 
May     16      " 
May     19      " 

Aug.      9     " 
Not^  filed. 
Resig'n     rec'd 

July  10,  1858. 

11 

J.  Wagner  Jarmon 

do 

May    24     " 

Sep.       9     " 

u 

Chas.  E.  Buck 

do 

June    28      " 

July     12     " 

n 

Samuel  Chew 

do 

Sep.     19     " 

Sep.    27     " 

a 

David  B.  Birney 

do 

Aug.      9      « 

Aug.    13     " 

n 

Benj.  F.  Blood 

Pittsburg 

Jan.       8,  1859 

Jan.     20,  1859 

n 

Joshua  Spring 

Philadelphia 

Feb.    14     " 

Not  filed. 

u 

Wm.  Sergeant 

do 

Feb.     17      " 

Not  filed. 

n 

Samuel  L.  Clement 

do 

Mar.    11      " 

Mar.    16,  1859 

n 

Charles  Sergeant 

do 

Mar.    22     " 

Mar.    31     " 

14 

Theodore  D.  Rand 

do 

April   16     " 

April  21     " 

li 

John  Binns 

do 

Sep.     24     " 

Oct.     10     " 

11 

Edwin  Smethurst 

do 

Nov.      2     " 

Nov.      7     " 

Rhode  Island. 

Wingate  Hayes 

Providence 

Oct.       8,  1858 

Not  filed. 

u 

Henry  Martin 

do 

Feb.    17,  1859 

Feb.    24,  1859 

S.  Carolina, 

Samuel  J.  Hull 

Charleston 

April     4,  1858 

April      5  1858 

Tennessee, 

J.  D.  Goff 

Memphis 

Mar.     17     " 

Not  filed. 

u 

Egbert  A.  Raworth 

Nashville 

Aug.    12      " 

Aug.     12,  1868 

it 

T.  W.  King 

Clarksville 

Aug.    18     " 

Not  filed. 

a 

James  E.  Temple 

Memphis 

Feb.      7,  1859 

Oct.       3,  1859 

n 

John  H.  Harrison 

do 

Feb.    14      " 

Mar.    22     " 

u 

Edw'd  B.  Trezevant 

do 

Mar.    22      " 

April     2     " 

Texas, 

J.  Thompson  Hallett 

Austin 

Jan.     29,1858 

Not  filed. 

a 

E.  F.  Gray 

Houston 

April  17      " 

Not  filed. 

u 

Rob't  D.  Johnson 

Galveston 

April  26     " 

May     21,  1858 

it 

A.  F.  James 

do 

June     8     " 

Feb.     14,  1859 

a 

J.  H.  H.  Woodward 

Houston 

July     13     " 

Aug.    12,  1858 

it 

Wm.  Anders 

Harris  county 

Aug.    25     " 

Sep.     22     " 

u 

Samuel  Bell  Maxey 

Paris,  Lamar  co. 

Mar.    11,1859 

June    27,  1859 

il 

Samuel  J.  Galbraith 

Fannin  county 

May    26     " 

Not  filed. 

11 

John  Reily 

Houston 

Nov.    15     " 

Not  filed. 

Vermont, 

Samuel  Williams 

Rutland,  Rutd.  co 

Mar.    22      " 

Not  filed. 

Wisconsin. 

J.  C.  Starkweather 

Milwaukie 

April     6,  1858 

Not  filed. 

n 

Edward  Pollock 

Lancaster,  Grant 

county 

Aug.     5,  1859 

Not  filed. 

T  .A.  IB  L  IE 

Showing  the  Times  for  the  Commencement  of  the  Regular  Terms  of  each 
Circuit  and  Corporation  Court, 


Counties 
and  Corporations 

Circuit  Courts. 
When  terms  commence. 

County  and    Corpora 
tion  Courts. 
Monthly  terras. 

County  and  Corporation  Courta. 
Quarterly  terms. 

CIRCUITS. 

Accomack, 

5.  1st   Monday  in  May  and  1st 

day  of  November, 

Last  Monday, 

March,    May,   August,    Nov'r. 

Alriemarle, 

10.  2d  Monday  in  May  and  Oct'r, 

First  Mouday, 

Do       June,        do           do 

Alexandria, 

9.  3d   Monday    in    May  and   2d 

Monday  in  November, 

Fourth  Monday, 

Feb'y,      May,       do           do 

Alleghany, 

14.  9th  of  April  and  September, 

Third  Monday, 

March,    June,        do            do 

Amelia, 

2.  25th  April  and  20th  October, 

Fourth  Monday, 

Do        May,         do            do 

Amherst, 

10.  22d  of  March  and  August, 

Third  Monday,        t 

Do        June,       do            do 

Appemattox, 

3.  21st  April  and  (September, 

Thursday  after  1st 

Monday, 

Do        May         do            do 

Augusta, 

11.  1st  June  and  1st  November, 

Fourlh  Monday, 

Do         do           do    October. 

Barbour, 

21.  8th  M*y  and  October, 

First  Monday, 

Do        June,        do      Novem. 

Bath, 

11.  15th  May  and  October, 

Second  Monday, 

Do         do           do           do 

Bedford, 

4.  25th  April  and  September, 

Fourth  Monday, 

Feb'y       May,     July,         do 

Berkeley, 

13.  24th  April  and  September, 

Second  Monday, 

March,     June,    August,    do 

Boone, 

15.  2d  Mouday  after  4th  Monday 

Wednesday  after  2d 

in  April  and  September, 

Monday, 

Do            do         do            do 

Botetourt, 

14.  26th  May  and  October, 

Second  Monday, 

Do           do          do            do 

Braxton, 

19   27th  April  and  September, 

fcirst  Tuesday, 

Do            do         do            do 

Brooke, 

20.  18th  Mar;h  and  August, 

Last  Monday, 

Feb'y        May,    July,          do 

Brunsw  iek, 

2.  27th  March  and  2J  October, 

fourth  Monday, 

March,        do      August,      do 

Buckingham, 

3.  5th  April  and  September, 

Second  Monday, 

Do            do         do            do 

Cabell, 

18.  27th  Mrtrch  and  August, 

Fourth  Monday, 

Do         June,      do           do 

Calnoun, 

19.  12ih  April  and  September, 

First  Tuesday  after  4th 

Jlj 

Monday, 

Do           do         do           do 

Campbell. 

8.  18th  May  and  October, 

Second  Monday, 

Do           do        do           do 

Caroline, 

8.  1st  March  and  18th  Sept., 

Second  Monday, 

Feb'v,       May,      do            do 

[To  take  effect  June  1st,  1861.] 

Carroll, 

16.  Monday   before  last  Monday 

Charles  City 

in  March  and  August, 

First  Mov  day. 

March,    June,  August,    Nov'r. 

Charlotte, 

3.  25th  March  and  August, 

First  M<n:iay, 

Do        June,        do           do 

Chesterfield, 

2.  7th  May  and  12  November, 

Second  Monday, 

Do          do          do            do 

Clarke, 

13.  12th  May  and  October, 

Second  Monday  iu  Jane 

and  4th  3n  other 

months, 

Feb'y,      May,      July.  October. 

Clay, 

15.  1st  April  and  September, 

Second  Mouday, 

March,    June,      Aug.       Nov'r. 

Craig, 

14.  Tuesday  after  1st  Monday  ii 

March  and  August, 

Fourth  Monday, 

Do          do          do            do 

Culpeper, 

LO.  1st  Monday  June  and  Nov'r, 

Third  Monday, 

Do        May,         do            do 

Cumberland, 

8.  5th  March  and  August, 

Fourth  Monday, 

Feb'y,        do       July,  October. 

Danville, 

4.  22d  March  and  August, 

Thursday  after  2d 

Monday, 

Marsh,    June,     Aug.      Nov'r. 

Dimviddie, 

2.  20th  March  and  26th  Sept., 

Third  Monday, 

Do        M*y,        do            do 

Doddridge, 

19.  22d  May  and  October, 

fourth  Monday, 

Do        June,        do           do 

Elizabeth  City, 

6.  15th  March  and  September, 

fourth  Thursday, 

Do        Miy,        do            do 

Essex, 

8.   '25th  April  and  12th  Nov., 

Third  Monday, 

Do           do          do            do 

Fairfax, 

9.   1st  Monday  June  and  Nov., 

Third  Monday, 

Do        June,       do            do 

Fauqu  er, 

9.   Tuesday  after  1st  Monday  in 

April  and  September, 

"""ourth  Monday, 

Do        May,        do            do 

Fayette, 

15-  7th  June  and  November, 

Thursday  after  2d 

Tuesday, 

Do        June,       do            do 

Floyd, 

L6.  1st  Monday  April  and  Sapt. 

Thursday  afterSd  Mon 

day, 

Do          do          do            do 

Fluvanna, 

10.  10th  April  and  September, 

''osrth  Monday, 

Do        Miv.        do            do 

Franklin, 

4.  15th  May  and  October, 

irst  Monday, 

Do        June,        vlo            do 

Frederick, 

18.  10th  June  and  November, 

Monday  before  1st 

Tuesday, 

Do          do           do           do 

Fredericksburg. 

_____ 

Second  Thursday, 

Do          do        Oct'r,     Dec'r. 

Gi'es, 

15.  21th  May  and  October, 

Second  Monday, 

Do          do        Aug't,    Nov'r. 

Gilmer, 

9.  19th  April  and  September, 

Tuesday  after  3d  Mon 

day, 

Feb'y,        do          de           do 

98 


TIMES    AND    PLACES    OF    COURTS. 


Counties. 
and  Corporations 

Circuit  courts. 
When  terms  commence. 

County  and    Corpora 
tion  Courts. 
Monthly  terms. 

County  and  Corporation  Courts 
Quarterly  terms.j 

Circuits. 

Gloucester, 

6.  13th  April  and  October, 

First  Monday, 

March,  May,  August,  Novem. 

Goochland, 
Orayson, 

10.  1st  April  and  September, 
16.  4th  Monday  April  and  Sept. 

Third  Monday, 
Fourth  Monday, 

Do         do           do             do 
Feb'ry,      do      July,     October. 

Greenbrier, 

14.  8th  May  and  October, 

Fourth  Monday, 

March,  June,  August,  Novem. 

Greene, 

10.  3d  Monday  June  and  Nov'r, 

Wednesday  after  2d 

Monday, 

Do         do          do           do 

Greenesville, 

1.  28th  April  and  2d  Nov'r, 

First  Monday, 

Do      May,       do      October. 

Halifax, 

3.  1st  day  of  May  and  Oct. 

Fourth  Monday, 

Do     June,       do       Novem. 

Hampshire, 

13.  1st  April  and  September, 

Fourth  Monday, 

Do        do         do           do 

Hancock, 

20.  10th  March  and  August, 

Tuesday  after  2d 

Monday, 

Jan'y,   April,   June,    October. 

Hanover, 

S.  10th  March  and  26th  Sept. 

Fourth  Tuesday, 

Feb'y,      do        July,     Novem. 

Harrison, 

21.  15th  April  and  September, 

First  Monday,  " 

March,  June,  August,      do 

Hardy, 

12.  20th  April  and  September, 

Monday  before  1st 

Tuesday, 

Do         do          do            do 

Henrico, 

6.  23d  April  and  October, 

First  Monday, 

Do      May,       do           do 

Henry, 

4.  1st  April  and  September, 

Second  Monday, 

Do      June,      do           do 

Highland, 

12.  2d  May  and  October. 

Thursday  after  3d 

Monday, 

Do      May,       do       October. 

Isle  of  Wight, 

1.  16th  May  and  ISth  October, 

First  Monday, 

Do      June,      do       Novem. 

Jackson, 

18.  2d  May  and  October, 

Second  Mond'ay, 

Feb'y,      do         do           do 

James  City  and 

Williamsburg, 

6.  25th  May  and  November, 

Second  Monday, 

March,    do         do       October. 

Jefferson, 

13.  20th  May  and  October, 

Second  Monday  in 

June  and  October, 

3d  in  other  months, 

Do        do          do           do 

Kanawha, 

18.  27th  May  and  October, 

Third  Monday, 

Feb'y,      do          do       Novem. 

King  George, 

8.  23d  March  and  12th  Sept. 

First  Thursday, 

March,     do          do            do 

King  &  Queen, 
King  William, 

8.  2d  May  and  19th  of  Nov'r, 
8.  13th  May  and  25th  Nov'r,  ' 

First  Thursday, 
Fourth  Monday, 

Do      May,       do           do 
Do         do          do           do 

Lane-aster, 

8.  15th  April  and  2d  Nov'r, 

Third  Monday, 

Do         do          do            do 

Lee, 

17.  2d  Monday  after  4th  Monday 
in  April  and  September, 

Do      June,      do           do 

Lewis, 

19.     8th  May  and  October, 

Second  Monday, 

April,       do         do       Septem. 

Logan, 

15.  1st  Monday  after  4th  Monday 

•    ,  i  • 

in  April  and  September, 

Third  Monday, 

March,     do         do       Novem. 

Loudoun, 

9.  4th  Monday  in  April  and  3d 

,-. 

Monday  in  October, 

Second  Monday, 

Do        do          do            do 

Louisa, 

10.  20th  April  and  September, 

Second  Monday, 

Do        do          do            do 

Lunenburg, 
Lynchburg, 

^/.  13th  April  and  8th  October, 
3.  3d  of  June  and  3d  Nov'r, 

Second  Monday, 
First  Monday, 

Do      May,       do           do 
Do      June,      do      October. 

Madison, 
Marion, 

10.  1st  Monday  March  and  Aug. 
21.  10th  Juno  and  November, 

Fourth  Thursday, 
First  Mondav, 

Feb'y,      do         do           do 
March,     do         do       Novem. 

Marshall, 

20.  1st  May  and  1st  October, 

Third  Monday, 

Do       do           do            do 

Matthews, 
Mason, 

6.  6th  April  and  September, 
18.  18th  April  and  18th  Sept. 

Second  Monday, 
First  Monday, 

Do       May,      do            do 
Feb'y,    Juno,      do           do 

Mecklenberg, 

2.  2d  of  April  and  15th  Sept. 

Third  Monday, 

Do      May,       do            do 

Mercer, 

15.  27th  May  and  October, 

Thursday  after  2d 

Monday, 

March,  June,     do           do 

M-VDwell 
Middlesex,, 

17.  1st  Monday  March  and  Aug. 
6.  1st  April  and  October, 

Second  Monday, 
Fourth  Wednesday, 

Do         do          do            do 
Do      May,       do            do 

Monongalia, 

20.  1st  of  April  and  September, 

Fourth  Monday, 

Do      June,      do            do 

Monroe, 

14.  25th  April  and  September, 

Third  Monday, 

Do        do          do           do 

Montgomery, 
Morgan, 

16.  2d  Mondav  in  April  and  Sept. 
13.  6th  May  and  October, 

First  Monday, 
Fourth  Monday, 

Do         do          do            do 
Do         do       Sept.         do 

Nansemond, 

15.  16th  April  and  12th  October, 

Second  Monday, 

Do         do     August,      do 

Nelson, 

10.  27th  day  of  April  and  Sept. 

Fourth  Mondav, 

Feb'y,  May,    July,           do 

New  Kent, 

6.  10th  May  and  November, 

Second  Thursday,           March,     do     August,      do 

Nicholas, 

15.  6th  April  and  September, 

Monday  before  2d 
Tuesdav. 

Do      June,      do           do 

Norfolk  city, 
Norfolk  county, 

1.  1st  June  and  15th  November,  1  Fourth  Monday, 
1.  1st  April  and  28th  Sept.          1  Third  Monday, 

Feb'v,  April,    July,    October. 
March,  June,  August,  Novem. 

Northampton, 

5.  3d  Monday  in  April  and  Sept. 

Second  Monday, 

Do        do        Sept.         do 

Northumberland 

8    9th  April  and  28th  October, 

Second  Monday, 

Do      May,  August,      do 

Nottoway, 
Ohio, 
Orange, 

2.  20th  April  and  15th  October, 
20.  10th  May  and  October, 
10.  1st  May  and  October, 

First  Thursday, 
Second  Monday, 
Fouith  Mondav, 

Do        do          do            do 
Feb'y,   July,    Sept.      Decem. 
March,  May,  August,  Novem. 

Page, 

12.  llth  April  and  September, 

Fourth  Monday, 

Feb'y,      do       Julv,         do 

Patrick, 

4.  12th  April  and  September, 

Fourth  Monday, 

Do        do         do           do 

Pendleton, 

12.  27th  April  and  September, 

Thursday  after  1st 

Tuesday, 

March,  June,   Sept.         do 

Petersburg, 

2.  22d  May,  16th  November, 

Third  Thursday, 

Do         do          do        Decem. 

Pittsylvania, 

4.  28th  May  and  October, 

Third  Monday, 

Do        do     August,  Novem. 

Pleaaantd, 

19.  30th  May  and  October, 

Thursday  after  2d 
Monday, 

Feb'y,  May,  July,      October. 

TIMES  AND  PLACES  OF  COURTS. 


99 


Counties 
and  Corporations 

Circuit  Courts. 
When  terms  commence. 

County  and  Corpora 
tion  Courts. 
Monthly  terms. 

|  County  and  Corporation  Courts 
Quarterly  terms. 

CIRCUITS. 

1 

Pocahontas,           14.   16th  April  and  September,       First  Tuesday,                 j  March,     June,    August,    Nov 
Powhatan,               2.  2d  May  and  27th  October,        ;  First  Wednesday,          \     Do          do           do           Oet 

Preston,                  21.   18th  March  and  August,           Second  M  /nday,              j  Feb'y,      May,      July,          Nov. 

Princess  Anne, 

1.   25th  May  and  22d  September,!  First  Monday,                  March,     June,    August,    do 

r.nce  Edward, 

3.  15th  March  and  August,           iThird  Monday,                |  Feb'y,      May,      July          do 

Prince  George, 

2.  17th  May  and  12th  Nov.            "econd  Thursday,          !  March,      do         August,    do 

Prince  William, 

9.   2d  Monday  in  May   and  Oct.  [First  Monday,                 i     Do        June,         do          do 

Pulaski, 

16.  3d  Monday  in  April  and  Sept.jThnrsday  after  1st 

1     Monday,                            Do          do           do           do 

Putnam, 

18.  8ih  April  and  September, 

Fourth  Monday,                  Do          do           do          do 

Raleigh, 

15.   3d  M  nday  April  and  Sept. 

First  Monday,                      Do          do           do           do 

Randolph, 

21.   26th  May  and  October,              Fourth  Monday,                 Do           do            do          do 

Rappahannock, 

9.  3d  Monday  in  March  and  1st! 

Richmond  City, 

Monday  in  October, 
7.  Int  November  and  1st  May, 

Second  Monday,             !     Do        May,          do          do 
Second  Monday,               Jan'y,      April,      July,        Oct. 

Richmond  Co., 

8.  3d  April  and  23d  October, 

First  Monday,                 j  March,     May,      August,    Nov. 

Ritchie, 

19.   15th  April  and  September, 

Tuesday  after  1st  Moa-| 

day,                             'Feb'y,     June,         do          do 

Roane, 

18.   17th  May  and  October, 

First  Monday,                 j  Jan'y      April,       Jnly,       Sept. 

Roanoke, 

14.   Wednesday  after  4th  Monday 

1 

in  March  and  August, 

Third  Monday,                March,  June,      August,  Nov. 

Rockbridge, 

11.   12th  April  and  September, 

Monday  before  1st 

Tuesday,                             Do           do            do           dn 

Rockingham, 
Russell, 

12.   llth  May  and  October, 
17.  4th  Monday  April  and  Sept. 

Third  Monday, 
Tuesday  after  1st  Mon 

Feb'y      May,          do           do 

day,                             !  March,    Jane,         do          do 

Scott, 

17.   3d  Monday  after  4th  Monday 

April  aud  September, 

Tuesday  after  2d   Mon 

day, 

Do          do            do          do 

Shenandoah, 

12.  30th  March  and  August, 

Monday  before  2d 

Tuesday, 

Do          do           do          do 

Smyth, 

17.   1st  Monday  April  and  Sept. 

Tuesday  after  1st  Mon- 

day,                              |     Do           do           do          do 

Southampton, 

1.  2d  May  and  7th  October,         IThird  Mondaj,               j     DD          do            do           do 

Spottsylvania, 

8.  20th  May  and  6th  October,       First  Monday,                      Do           do            do          do 

Stafford, 

9.  4th  Monday  March  and  Sept.  ;  Third  Wednesday,          1     Do           do           do           do 

Staunton, 

_ 

Wednesday  after  1st 

Monday,                        Feb'y,      May,      July,         Oct. 

Surry, 

1.    10th  May  and  25th  October, 

Fourth  Monday,              March,       do        August,    Nov. 

Sussex, 

1.  24th  April  and  29ch  October,  First  Thursday!  ' 

Do          do           do          Oct. 

Taylor, 

21.  4ih.Mirch.and  August, 

Fourth  Monday, 

Do        June,       do          Nov. 

Tazewell, 

17.   Last  Monday  March  and  Aug. 

Wednesday  after  1st 

Monday,                       j  Feb'y,     May,       July,         Oct. 

Tucker, 

21.   22d  May  and  October, 

Third  Monday, 

March,    June,     August,    Nov. 

Tyler, 

20.   */2d  April  and  September, 

Second  Monday, 

Do           do           do           do 

Upshur, 

21.   4'h  April  and  September, 

Third  M  »ndtty, 

Do          do            do          do 

Warren, 

12.  25ih  MirchiUid  August. 

Third  Monday, 

Do        May,          do          do 

Warwick, 

6.   21ii  M  vrch  tmd  September, 

Second  M  >nday, 

Do        June,         do           Dec. 

Washington, 

17.   2d  M  .nday  Apri<  and  Sept. 

Fourth  M  mday, 

Do          do           do         Nov. 

Wayne, 

18.  20th  Much  and  August, 

Tuesday  after  1st  Mon 

day,                              i     Do           do            do          do 

Webster, 

15.  14th  April  and  September, 

Fourih  Tuesday, 

do            do           do 

Westmoreland, 

8.   28  h  March  'in  1  ISth  Oct.       [Fourth  Monday,              Aoril.      May,         do           do 

Wetzel, 

20.  lah  April  aud  September,       Tuesdaj  after  IstMon- 

day, 

Feb'v,       do          July,         Oct. 

Williamsburg, 

6.   25th  May  and  November, 

Fourth  Monday,             March,    June,      August,   Nov. 

Winchester, 
Wirt, 

19.  3d  April  and  September, 

First  Saturday,                \     Do         May,          do          do 
Tuesday  after  4th  Mon-i 

day,                             !  Feb'y,       June,        do         do 

Wise, 

17.   1st  M  >nd  \y  after  4th  Monday 

j 

in  Apr;l  and  September, 

Fourth  Monday, 

March,       do            do         do 

Wood, 

19.  5th  Jiine  and  N  >vember, 

Third  Monday, 

Feb'y,        do           do         do 

Wyoming, 

15.  4th  Mjnday  April  and  Sept. 

Friday   after  3d    Mon 

day, 

March,       do            do          do 

Wythe, 

12.   1st  Mond  y  May  aud  Oct. 

Second  Monday, 

Do          do           do           do 

York, 

6.  2oth  Mircu  and  September, 

Third  M  mday, 

Do        May,         do          Oct. 

I  ItT  ID  IE 

TO  THE  ACTS  OF  THE  GENERAL  ASSEMBLY. 


BERKELEY  COUNTY. 

An  act  giving  the  consent  of  the  State 
of  Virginia  to  the  county  of  Berke 
ley  being  admitted  into  and  becom 
ing  part  of  the  state  of  West  Vir 
ginia, 41 

Preamble, 41 

Polls  to  be  opened, 41 

Poll  Books, 41 

Superintendence, 42 

Form  of  returns, 42 

Where  said  returns  are  to  be  filed, 42 

Governor   may  postpone   opening   of 

polls, 42 

When  said  county  may  become  part  Of 

new  state, 42 

Commencement, 42 

BIDDLE,   SPENCER 

An  act  authorizing  the  county  court 
of  Marshall  (O-inty  to  re -assess  two 
hundred  and  six  acres  of  land  in 

Marshall  county  belonging  to, 12 

Proviso, 12 

Commencement, 12 

BOARD  OF  PUBLIC  WORKS. 

An  act  authorizing  the  board  of  pub 
lic  works  to  hire  out  certain  convicts,  26 

Preamble, 26 

Commencement, 27 

BRIDGES. 

An  act  making  an  appropriation  to  re 
build  a  bridge  over  Stony  river  on 
the  northwestern  turnpike  in  Hardy 
county, 36 

Commencement, 87 

BROOKE  ACADEMY. 

An  act  to  repeal  and  re-enact  section 
second  of  an  act  to  authorize  the 
trustees  of,  to  transfer  their  proper 
ty  to  the  Meade  Collegiate  Institute 
and  to  authorize  said  Institute  to 
transfer  the  same  property  to  the 
trustees  hereinafter  appointed,  pass 
ed  February  6,  1862, 27 


Section  2nd  amended  and  re-enacted,..  27 
Commencement, 27 


BUCKHANNON. 


An  act  extending  the  boundary  line  of,     4 
Commencement, 4 


CAPITATION  TAX. 

An  act  appropriating  the  capitation 
tax  for  the  year  1862,  for  educa 
tional  purposes 


37 


The   auditor  to  ascertain  the  amount 
paid  into  the  treasury  for  the   years 

1861  and  1862, 27 

How  fund  to  be  applied, 37 

What  constitutes  the  fund, 37 

Pioriso, 87 

Commencement, 37 

CITIZENS'  RAILWAY  COMPANY. 
An  act  to  incorporate  the  citizens'  rail 
way  company  of  the  city  of  Wheel 
ing, 33 

Name  of  company, 33 

Powers, 33 

Consent, 33 

Capital  stock, 34 

Shares, 34 

Notice  of  meetings, 34 

Organization, 34 

Terms, 34 

May  increase  capital  stock, 34 

Wheeling  and  Belmont  Bridge  Com 
pany  may  subscribe, 34 

Transfer  of  stock, 35 

Dividends, 85 

Guage  of  road, 35 

Offences, 35 

Limitation  of  suit, 35 

Grades  of  streets, 36 

Powers  of  corporations  through  which 

road  passes, 36 

Tax, 36 

Fare, 36 

Commencement, 36 

CLARKSBURG  COAL  AND  IRON  COMPAKT. 

An  act  to  incorporate, 


102 


INDEX. 


Name  and  s>tyie  of  company, ..25 

Capital  stcck,. >......,..  ,-....;... — y/25 

Shares...  .;..-  ;..... .,....:......'..'  25 

Subscriptions, ,  25 

President  and  directors  may  purchase 

land, 25 

Power  to  issue  coupon  or  other  bonds,  25 
Commencement, 25 

COAL  LANDS. 

An  act  in  relation  to  coterminous  coal 
lands  west  of  the  Blue  Ridge  moun 
tains  in  Virginia, 11 

No  owner  or  tenant  of  land  contain 
ing  coal,  permitted  to  open,  sink, 
dig,  excavate  or  work  in  any  coal 
mine  or  shaft,  within  five  feet  of  the 
line  dividing  said  line  from  that  of 
another,  without  consent  in  writing,  11 

Penalty, 11 

Persons  interested  to  have  egress  and 

ingress, 11 

But  not  oftener  than  once  a  month, 11 

Forfeiture  for  refusal, 11 

Summons, 12 

Cost  of  summons,  &c., 12 

Commencement, 12 

CODE. 

An  act  to  amend  and  re-enact  section 
ten  of  chapter  seventy  of  the  Code,  22 

Commencement, 23 

An  act  to  amend  and  re-enact  the  first 
and  seventh  sections  of  chapter  for 
ty-six  of  the  Code, 23 

Commencement, 24 

An  act  providing  for  the  amendment 
and  re- enactment  of  the  eleventh  sec 
tion  of  chapter  twenty-nine  of  the 

Code  of  1860, 28 

Commencement, 28 

An  act  to  amend  the  second  section 
of  chapter  four  in  relation  to  dis 
tricting  the  State  for  representatives 

in  congress, 32 

Section  second  amended  and  re-en 
acted, 32 

Apportionment  of  representatives, 32 

Number  of  districts, 32 

First    district, 32 

Second        " 32 

Third          "     32 

Fourth        "     32 

Fifth  " 32 

Sixth          "     32 

Seventh      "     32 

Eighth        "     : 32 

Ninth          "     33 

Tenth          "     33 

Eleventh    "     38 

Commencement, 33 


An  act  to  amend  and  re-enact  an  act 
passed  the  28th  day  of  March,  1861, 
amending  and  re-enacting  the  sev 
enth  section  of  the  one  hundred  and 
sixty-fifth  chapter  of  the  Code, 47 

All  acts  or  parts  of  acts  inconsistent 
with  this  act  repealed, 47 

Commencement, 47 

An  act  to  amend  and  re-enact  the  sec 
ond  and  third  sections  of  the  third 
chapter  of  the  Code  of  1860, 67 

Commencement, 68 

COMMISSIONERS  OF  THE  REVENUE. 

An  act  authorizing  the  auditor  to  reg- 
,   ulate  the  compensation  of  the  com- 
'    missioners   of  the  revenue    in  cer 
tain  cases, 69 

Commencement, 70 

When  the  auditor  is  required  to  ap 
point, 74 

Commencement, 74 

An  act  directing  in  what  manner  com 
missioners  of  the  revenue  in  certain 
counties  shall  return  their  books,....  66 
Commencement, 67 

CONN,   CALEB 

An  act  authorizing  the  county  court  of 
Preston  county  to  re-assess  one  hun 
dred  and  ninety  and  one-fourth 
acres  of  land  in  Preston  county  be 
longing  to, 21 

Proviso, 21 

Commencement, 21 

CRIMINALS. 

An  act  providing  for  the  removal  of 
criminals  and  criminal  causes  from 
the  counties  of  Braxton  and  Ran 
dolph  to  the  county  of  Lewis, 26 

Commencement, 26 

An  act  providing  for  the  removal  of 
criminal  causes  from  the  county  of 
Tucker  to  the  county  of  Preston,....  29 

Commencement, 29 

CURRAN,    PETER 

An  act  to  appropriate  the  residuary 
fund,  under  the  last  will  and  testa 
ment  of, 7 

Appropriated  to  Brooke  Academy,....  7 
Executors  directed  to  pay  to  Brooke 

Academy, 8 

Authority  to  sue, 8 

Power  to  sell, 8 

Additional  trustees, 8 

Commencement, 8 

DAVIS,  THEODORE 

An  act  for  the  relief  of, 69 


INDEX. 


103 


Released  from  fine, 
Commencement, . . . 


DEBTS. 

An  act  to  amend  and  re-enact  the  act 
passed  .July  26,  1861,  entitled  an  act 
staying  the  collection  of  certain  debts, 

No  writ  of  fieri  facias  to  issue, 

Levy, 

Property  to  be  returned  to  owner, 

Lien, 

Lien  on  real  and  personal  estate, 

What  included, 

Exceptions, 

Commencement, 

Expiration, 

Ai\act  staying  the  collection  of, 

No  writ  of  fieri  facias  or  other  process 
to  issue, 

No  sales  under  any  deed  of  trust  here 
tofore  executed, 

Levy, 

Property  to  be  returned  to  owner, 

Lien, 

Lien  on  personal  and  real  estate, 

What  is  included, 

Debtor  required  to  pay  interest  on  de 
mand, 

When  creditor  may  enforce  collection 
of  his  debt, 

Proviso, 

When  debtor  may  contest  creditor's 
right  to  proceed  against  him, 

Proviso, 

Exceptions, 

Proviso, 

Commencement, 

Expiration, 


An  act  imposing  a  tax  on, 

Proviso, 

Housekeepers  allowed  one  dog, 

By  whom  taxes  are  to  be  paid, 

Fine, 

Number  of  dogs  to  be  disclosed  on  oath, 

How  taxes  collected  and  accounted  for, 

Duty  of  courts,.". 

Lists, 

Demand, 

Duty  of  constables, 

Fine, 

Returns  how  to  be  made, 

Fee  for  killing  dogs, 

How  paid, 

Fee  for  listing  and  furnishing  copy  of 
list, 

How  money  arising  from  dogs  dispo 
sed  of, 

Proviso, 

Commencement, 


DOWNEY,   STEPHEN  W. 

Preamble, 10 

Any  court  of  this  commonwealth,  upon 
satisfactory  evidence,  authorized  to 
grant  a  certificate  of  age,  residence 
and  character. 10 

Commencement, 10 

ELECTIONS. 

An  act  changing  the  place  of  holding 
in  the  county  of  Preston, 9 

The  election  heretofore  authorized  to 
be  holden  at  Nine's  house,  in  the 
eighth  magisterial  district,  discon 
tinued,  9 

The  election  in  said  precinct  to  be  held 
at  the  house  of  Wm.  H.  Brown,.,...  10 

Commencement, 10 

An  act  changing  the  place  of  holding 
in  the  county  of  Jackson, 13 

The  election  heretofore  authorized  to 
be  holden  at  the  house  of  William 
Slaven,  in  the  fifth  magisterial  dis 
trict,  discontinued, 18 

Commencement, 13 

An  act  changing  the  place  of  holding 
in  the  county  of  Hardy, 17 

The  election  heretofore  held  at  Mi 
chael's  abolished, 17 

To  be  held  at  the  house  of  John  W. 
Athey,  in  Greenland, 17 

An  act  changing  the  place  of  holding 
in  the  county  of  Monongalia, 17 

The  election  precinct  discontinued,. ...  17 

The  election  to  be  held  at  the  house  of 

James  Arnett, 17 

J  Commencement, 17 

!  An  act  establishing  a  place  of  voting 
at  Rockford  school-house,  in  the  3d 
magisterial  district  of  Harrison 
county, 18 

Commencement, 18 

An  act  authorizing  the  governor  to 
postpone  the  May  election  for  the 
year  1863, 31 

Commencement, 31 


ELK  RIVER. 

An  act   declaring  a  part  of,  a  lawful 

fence, 

Commencement, 


FISHER,  UEORGE 

An  act  for  the  relief  of,  commissioner 

of  the  revenue  for  Lewis  county,....  31 
Auditor  to  pay  sevent}r-five  dollars,....  31 
Commencement, 31 

FISHING    CREEK. 

An  act  declaring  the  north  fork  in  the 
county  of  Wetzel,  a  public  highway,    28 


104 


INDEX. 


Unlawful  to  obstruct  navigation  of, 29 

Commencement, '. 29 

FRANKLIN  INSURANCE  COMPANY. 

An  act  to  incorporate, 4 

Persons  incorporated, 4 

Name  of  company, 4 

Rights,  powers  and  privileges, 4 

Rules,  regulations  and  restrictions, 4 

Capital  stock, 4 

Value  of  shares, 4 

Subjects  of  insurance,.- 4 

Endowments, 4 

Reversionary  payments, 4 

May  guarantee  payment  of  promissory 

notes, 5 

May  be  insured, 5 

May  invest  in  stocks,  &c., 5 

May  loan  money, 5 

May  discount  notes  or  bills  of  exchange,  5 

Secretary  a  competent  witness, 5 

Proviso, 5 

When  the  capital  stock  is  payable, 5 

Subscribers  when  to  give  bond, 5 

Condition  of  bond, 5 

How  interest  and  damages  may  be  re 
covered  against  subscribers  failing  to 

pay, 5 

Who  to  examine  bonds, 5 

May  require  new  bonds, 6 

Failure  to  give  bond, 6 

Officers, 6 

Quorum, 6 

Directors  how  elected, 6 

Terms  of  office  of  president,  vice  pres 
ident  and  directors, 6 

Vacancy  how  filled, 6 

How  secretary  appointed, 6 

Compensation, 6 

Agents, 6 

Rules,  orders  and  by-laws, 6 

Scale  of  voting, G 

Who  not  permitted  to  transfer  stock  or 

receive  dividends, 7 

Commissioners, 7 

Notice, 7 

Responsibility  of  stockholders, 7 

Location  of  company, 7 

Commencement, 7 

Perpetual, 7 

Reservation, 7 

GUYANDOTTE,  BANK  OF 

An  act  to  amend  and  re-enact  an  act 
entitled  an  act  to  incorporate  the 
bank  of  Guyandotte,  passed  March  2, 
1854, 75! 

Sections  first,  second,  third  and  eighth 
amended, 75 

Commencement, 77 


HARRISON,  GREENVILLE 

An  act  for  the  relief  of, 68 

Auditor  directed  to  issue  his  warrant  in 

favor  of, 68 

Commencement, 69 

HAY,  ALEXANDER 

An  act  for  the  relief  of, 72 

Sale  of  Alexandria  and  Washington 
railroad  made  a  lawful  sale, 72 

Not  affected  by  the  law  staying  the  col 
lection  of  certain  debts, 73 

Commencement, 73 

HILDRETH,   SAMUEL  P. 

An  act  for  the  relief  of,  treasurer  of  the 
savings'  bank  of  Wheeling, 12 

Auditor  directed  to  issue  his  warrant  in 
favor  of, 12 

Commencement, 12 

HOLLIDAY'S  COVE  RAILROAD  COMPANY. 

An  act  to  amend  the  charter  of, 17 

Permission, 17 

Sections  repealed, 17 

Proviso, 17 

Commencement, 17 

HOSTAGES. 

An  act  authorizing  the  governor  to  ar 
rest  disloyal  persons  as  hostages, 63 

Preamble, 63 

Who  to  be  seized  and  held  as  hostages, 63 
Commencement, 63 

JAUKSON  COUNTY. 

An  act  changing  a  place  of  voting  in,. ..43 
Commencement, 43 

KANAWHA  BOARD. 

An  act  to  amend  and  re-enact  the  act 
passed  May  15,  1802,  entitled  an  act 
to  re-organize  the  Kanawha  board,. ..29 
Section  four  amended  and  re-enacted, ..30 
Section  five  amended  and  re-enacted,. ..30 
Commencement, 30 

KIMBALL,  CIIAS.   II.  (TRUSTEE,) 

An  act  to  authorize,  to  construct  and 
maintain  a  tram  or  railroad  from 
Franklin  Furnace  to  the  B.  &  0.  B. 
R.,  in  the  county  of  Preston, 13 

May  be  amended  or  repealed  by  general 
assembly, 13 

Commencement, 13 

LEWIS,  FERDINAND 

An  act  to  legalize  the  appointment  of,  as 
administrator  of  the  estate  of  Solo 
mon  Michael,  sr.,  late  of  Hardy 
county, 30 


INDEX. 


105 


Bond  authorized  to  be  filed  in  Preston 

county  court, 30 

Commencement, 30 

LITTLE  KANAWHA  NAVIGATION  COMPANY. 

An  act  to  incorporate, 70 

Wh»  authorized  to  open  books  of  sub 
scription, 70 

Capital  stock, 70 

Name  of  company, 70 

Number  of  votes  authorized  to  be  cast 

bj  stockholders, 70 

Improvements, 70 

Tolls, 71  | 

Power  to  borrow  money, 71  ' 

In  what  time  improvements  to  be  com 
menced, 71 

Commencement, 71 


LUNATIC  ASYLUM. 

An  act  appropriating  forty  thousand 
dollars  to  the  Lunatic  Asylum  west 

of  the  Allegheny  mountains, 25 

How  to  be  expended, 25 

Commencement, 25 

MAYO,   E.   H. 

An  act  for  the  relief  of, 31 

Commencement, 31 

MARTINEY,  JOSEPH 

An  act  for  the  relief  of,  late  commis 
sioner  of  the  revenue  for  Barbour 
county, 10 

Auditor  directed  to  issue  his  warrant  in 
favor  of, 10 

Commencement, 10 

MILITARY   DUTY. 

An  act  allowing  certain  claims  out  of 
any  money  derived  from  assessment 
of  fines  for  the  non-performance  of 
military  duty,  under  the  order  of  the 

governor  by  his  proclamation  dated 
eptember  9,  1862, 40 

Expenses  of  militia, 40 

Commencement, 40 

MILEAGE. 

An  act  allowing  to  the  delegates  of  the 

convention, 29 

Commencement, 29 

MISDEMEANORS. 

An  act  repealing  an  act  passed  Februa 
ry  15,  1862,  entitled  an  act  to  provide 
for  the  payment  of  costs  in  prosecu 
tions  for  misdemeanors, 75 

Commencement, 75  | 


MORGAN  COUNTY. 

An  act  changing  the  place   of  holding 

elections  in, 40 

New  place  of  voting, 40 

Commencement, 40 

ORDINANCE. 

An  act  to  amend  and  re-enact  the  sev 
enth  section  of  the  ordinance  passed 
June  19,  1861,  entitled  an  ordinance 
to  authorize  the  apprehending  of  sus 
picious  persons  in  time  of  war, 63 

Commencement, 63 

An  act  amending  and  re-enacting  the 
fourth  section  of  the  ordinance  pass 
ed  June  21,  1861, 73 

Commencement, 74 

PARSONS,   SOLOMON 

An  act  for  the  relief  of,  in  the  county 

of  Tucker, 43 

Auditor  to  issue  warrant, 43 

Commencement, 43 

PITTSBURGH  AND  STEUBENVILLE    COAL   COM 
PANY. 

An  act  to  incorporate, 21 

Style  of  company, 21 

Subject  to  rules,  regulations  and  restric 
tions  of  Code, 21 

Shares, 21 

Subscriptions, 21 

Proportion  of  votes, 21 

Directors, 22 

Power  of  president  and  directors, 22 

Authorized  to  construct  a  railroad, 22 

May  acquire  not  exceeding  fifty  acres  of 

land, 22 

Commencement, 22 

PLEASANTS    COUNTY. 

An  act  changing  the  place  of  holding 

elections  in, 41 

Election  precinct  abolished, 41 

Election  precinct  established, 41 

Commencement, 41 

PUBLIC  HEALTH. 

An  act  amending  and  re  enacting  sec 
tion  thirteen  of  an  act  passed  July 
26,  1861,  entitled  an  act  to  provide 
for  the  public  health, 75 

Commencement, 75 

PUBLIC  REVENUE. 

An  act  appropriating  for  the  fiscal  year 
1862-3  and  a  part  of  the  fiscal  year 
1863-4, 60 

Expenses  of  general  assembly, 61 

Salaries  of  officers  of  civil  government,^! 

Judiciary, 61 


106 


INDEX. 


Criminal  charges, 61 

Contingent  expenses  of  courts, 01 

Convicts, Gl 

Lunatics, 61 

Adjutant  General, 61 

Public  printer, 61 

Elections, 61 

Commissioners  of  revenue, 61 

Coroner's  inquests, 61 

Clerks  in  auditor's  office, 61 

Clerks  in  treasurer's  office, 61 

Clerks  in  adjutant  general's  office, 61 

Janitor, ^ 61 

Contingent  expenses  of  auditor,  treas 
urer  and  secretary  of  the  common 
wealth, 61 

Civil  contingent  fund, 61 

Expenses  of  convention, 61 

Vaccine  agent, ..61 

Principal  of  Linsley  Institute, 62 

Sick,  wounded  and  dead  soldiers  be 
longing  to  Virginia  regiments, 62 

Sergeant-at-arms  of  house  of  delegates, 62 

Mrs.  Tompkins, 62 

Collecting  and  taking  care  of  arms, 62 

Clerk  of  senate, 62 

Who   not  entitled  to  claim  or  receive 

any  money  by  virtue  of  this  act, 62 

What  moneys  to  constitute  a  general 

fund, 62 

Commencement, 62 

RED  MEN. 

An  act  to  incorporate  Logan  Tribe,  No. 
21  of  the  improved  order  of,  in  the 

city  of  Wheeling, 16 

Individuals  incorporated, 16 

Made  a  body  politic  and  corporate, 16 

Name  and  style  of  company, 16 

Authorized  to   make  all  needful   laws 

and  regulations, 16 

Commencement, 16 

May  be  altered,  amended  or  repealed,  _1 6 

RATHBONE'S  HEIRS 

An  act  for  the  relief  of  Wm.  P.  Ratli- 

bone's  heirs, 47 

Preamble, 47 

Commissioners, 47 

Commissioners  to  make  deeds, 47 

Rathbone  Petroleum  company  incorpo 
rated,  '. ,.48 

Capital  stock, 48 

Authorized  to  use  steam  and  other  ves 
sels  and  vehicles  necessary  for  their 

business, 51 

Commencement. 51 

May  be  altered,  amended  or  repealed, ..51 

SLACK,  JOHN  JH., 
An  act  for  the  relief  of, 3 


1  Allowed  until  the  20th  day  of  February 

1863,  to  give  bond  and  security, 3 

j  Commencement, 3 

SMITH  &  WILLIAMS. 

I  An   act   authorizing,  to  sell   goods  in 

Jackson  county, 24 

I  Sheriff  authorized  to  issue  a  license  to,  24 

i  Proviso, .24 

I  Commencement, 24 

I  -  - .•;';  -  (fn     '*;r  jv;;: 

SEVENTH  CONGRESSIONAL  DISTRICT. 

An  act  providing  for  the  return  of  the 
special  election  for  a  representative 
in,  held  on  the  loth  day  of  January, 
1863, :..24 

Clerk  of  county  court  authorized  to 
make  returns, 24 

Commencement, 24 

SUITS. 

An  act  authorizing  the  revival  of  cer 
tain  suits  depending  in  the  courts  of 

this  commonwealth, 74 

Suits  not  to  abate  or  be  dismissed, 74 

Commencement. 74 

STOUT,  j.  w. 

An  act  for  the  relief  of,  late  commis 
sioner  of  the  revenue  for  Pleasants 

county, , 10 

j  Auditor  directed  to  issue  his  warrant,..  10 
j  Commencement, 10 

SHERIFFS. 

An  act  providing  for  the  repeal  of  an 
act  passed  February  13,  1862,  enti 
tled  an  act  to  provide  for  the  exten 
sion  of  time  to  execute  writs  of  fieri 

facias  on  certain  judgments, 14 

I  Commencement, 14 

SNIDER,    HENRY 

An  act  for  the  relief  of, 44 

Released  from  fine, 44 

Commencement, 44 

TAXES. 
An  act  imposing  taxes  for  the  support 

of  the  Government, 51 

,  Taxes, 51 

j  Amount  of  taxation  on  real  property  not 

exempt, 51 

Tax  on  personal  property  not  exempt, 

and  on  monies  and  credits, 51 

Slaves, 52 

Free  negroes, 52 

White  males, 52 

Public  bonds, ;..52 

Dividends  of  savings  institutions  and  in 
surance  companies, 52 

Incomes  and  fees, 52 


INDEX. 


107 


Tax  payable  by  officers  of  government 
to  be  deducted  at  the  time  of  payment 

of  salary, 53 

Toll  bridges  and  ferries, 53  I 

Ordinaries  and  houses  of  public  enter 
tainment, 53 

Houses   of  private   entertainment  and 

public  resort, 53 

Cook  shops  and  eating  houses, 53 

Bowling  alleys, 53 

Billiard  tables, 53 

Bagatelle  tables, 54 

Livery  stables, 54 

Distilleries, 54 

Merchants, 54 

Sale  of  liquors, 54 

License  to  sell  liquors, 55 

Merchant  tailors,  lumber  merchants  and 

fuel  dealers, 55 

Commission    merchants,  tobacco   auc- 

tioners  or  ship  brokers, 55 

Auctioneers, < 55 

Sample  merchants, 55 

Patent  rights, 56 

Patent  medicines, 56 

Agents  for  renting  houses, 56 

Agents  for  hiring  negroes, 56 

Stallions  and  asses, 56 

Theatrical  performances, 56 

Refreshments  in  theatres, 56 

Public  rooms, 57 

Shows, 57 

Porter,  ale  or  beer, 57 

Stock  brokers, ....57 

Bank  note  brokers, 57 

Foreign  insurance  companies, 57 

Physicians,  dentists  and  lawyers, 58 

Daguerrean  gallery, 58 

Express  companies, 58 

Bank  dividends, 59 

On  suits, 59 

Seals, 59 

Wills  and  administrations, 59 

Deeds, 59 


Internal  improvement  companies, 59 

Sales  of  horses,  mules,  jennets,  asses, 

cattle,  sheep  or  hogs, 60 

Carriages  and  other  vehicles, 60 

Sales  of  slaves, 60 

Commencement, 60 

An  act  amending  and   re-enacting  sec 
tion  eight  of  an  act  passed  Jan.  31, 
1863,  entitled  "an  act  imposing  taxes 
for  the  support  of  the  government,"  ..73 
Commencement, 73 

TENTH  VIRGINIA   REGIMENT  VOL.  INFANTRY. 

An  act  to  provide  for  the  payment  of 
certain  volunteers  in  companies  A  and 
B  of  the  10th  Va.  regiment  volunteer 
infantry  for  services  rendered,  not 
paid  for, 44 


Auditor  authorized  to  pay  certain  vol 
unteers,  44 

Proviso, 44 

Commencement, 45 

TURNPIKES. 

An  act  providing  for  placing  a  part  of 
the  Maryland  and  Ohio  Turnpike  un- 
derthe  supervision  of  the  county  court 

of  Marion , 66 

Proviso, 66 

Commencement, 66 

WAGGENER,    CHAS.   B.,  TRUSTEE. 

An  act  to  authorize  to  sell  certain  pro 
perty  in  Mason  county, 18 

Preamble, 18 

Commencement, 18 

WEST  VIRGINIA. 

An  act  in  reference  to  the  troops  raised 
within  the  boundaries  of  the  proposed 

state  of, -.40 

Troops  of  West  Virginia, 41 

Commencement, 41 

An  act  transferring  to  the  proposed  state 
of  West  Virginia,  when  the  same  shall 
become  one  of  the  United  States,  all 
this  state's  interest  in  property,  un 
paid  and  uncollected  taxes,  fines,  for 
feitures,  penalties  and  judgments,  in 
counties  embraced  within  the  bounda 
ries  of  the  proposed  state  aforesaid,  ..64 
What  moneys  to  be  paid  into  the  treasu 
ry  of  West  Virginia, 65 

Suits  to  be  brought  in  the  name  of  the 

state  of, 65 

State  of  West  Virginia  to  account  with 

this  state, 65 

Proviso,  65 

Duty  of  officers  of  state,  65 

Duty  of  governor,  66 

Commencement,.  66 

An  act  making  an  appropriation  to  the 

proposed  state  of  West  Virginia  when 

the   same  shall  become  one   of  the 

United  States,....;... 68 

Additional  appropriations, 68 

Proviso, 68 

The  act  passed  May  14,  1862,  repealed,  68 

Commencement, 68 

An  act  giving  consent  to  the  admission 
of  certain  counties  into  the  new  state 
of  West  Virginia  upon  certain  condi 
tions, "71 

Lawful  for  the  voters  of  Tazewell,  Bland, 
Giles  and  Craig  to  declare  by  their 
votes  whether  said  counties  shall  be 

annexed  to  West  Virginia, .......71 

Also  the  counties  of  Buchanan,  Wise, 
Russell,  Scott  and  Lee, 71 


108 


INDEX. 


Also  the  counties  of  Alleghany,  Bath 

and  Highland, 72 

Also  the  counties  of  Frederick  and  Jef 
ferson, 72 

Also  the  counties  of  Clarke,  Loudoun, 
Fairfax,  Alexandria  and  Prince  Wil 
liam, 72 

Also  the  counties  of  Shenandoah,  War 
ren,  Page  and  Rockinghara, 72 

Polls  to  be  opened, 72 

Consent, 72 

Dutj  of  governor, 72 

When  election  to  be  held, 72 

Commencement, 72 

WHEELING. 

An  act  to  amend  the  charter  of, 3 

Section  five  of  the  act  passed  March  11, 

1836,  amended  and  re-enacted, 3 

Who  entitled  to  rote  at  city  elections,...  3 

Proviso, 3 

Commencement, 3 

An  act  to  declare  that  the  council  of  the 
city  of,  shall  consist  of  two  boards  or 

branches, 14; 

When  consent  of  both  branchea&required,  14 
Each  branch  the  judge  of  the  qualifica 
tion  and  election  of  its  own  members,  14 
To  make  all  needful  rules  and  regula 
tions  for  government, 14 

Which  board  called  second  branch, 14 

Its  capacity  unimpaired, 14 

Exception, 14 

Of  whom  first  branch  shall  consist, 14 

How  elected, 15 

Elections  for  first  branch, 15 

How  long  to  continue  in  office, 15 

One  member  of  first  branch  to  be  chosen 

annually  from  each  ward, 15 

Who  eligible. 15 

Power  to  fill  vacancies, 15 

Power  of  removal, 15 

Proviso, 15 

Who  to  preside  at  meetings  of  the  first 
branch, 15 


Chairman  pro  tempore, 15 

Salaries, 15 

Quorum, 15 

Who  to  preside  in  second  branch, 15 

Duty  of  presiding  officer, 15 

President  pro  tempore, ,....15 

How  vacancy  in  office  of  mayor  filled, ...15 

Exception, 15 

Temporary  absence  of  mayor, 15 

Appropriations  of  money,  where  to  orig 
inate, 16 

Power  of  council  in  reference  to  this  act,  16 

Commencement, 16 

An  act  to  regulate  the  election  of  officers 

by  the  council  of  the  city  of  Wheeling,43 
All  officers  to  be  elected  by  joint  ballot,43 

Commencement, 43 

An  act  to  confer  upon  the  president  of 
the  second  branch  of  the  council  of 
the  city  of  Wheeling  the  power  to  ad 
minister  oaths, 44 

Commencement, 44 


WHEELING  RAILROAD  BRIDGE  COMPANY. 

An  act  to  amend  the  charter  of, 19 

The  first  section  of  an  act  to  incorpo 
rate,  amended  and  re-enacted, 19 

By  whom  books  of  subscription  may  be 

opened, 19 

Where, 19 

Amount  of  stock, 19 

Name  of  company, 19 

Fourth  section  amended  and  re-enacted, 20 

Lawful  to  establish  rates  of  toll, 20 

Proviso, 20 

Transfer  of  passengers, 20 

Bait.  &  Ohio  Railroad  and  C.  0.  Rail 
road  to  commence  and  terminate  their 

trips  at  the  city  of  Wheeling, 20 

Fourteenth  section  repealed, 20 

Fifteenth  section  amended  and  re-enact 
ed, 20 

Sixteenth  section  repealed, 20 

Commencement, 20 


YC  08883 


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